Key

Key v. United States

Good Law
31 F. App'x 478
United States Court of Appeals for the Ninth CircuitMarch 1, 2002No. 00-17226; D.C. No. CV-98-05751-SMSCalifornia358 words

Opinion

Lead Opinion

MEMORANDUM **

Appellant (“Key”) challenges the decisions of the district court with respect to liability and damages after a bench trial in Key’s Federal Tort Claims Act (“FTCA”) 28 U.S.C. § 1346 (b) suit. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We find that the district court’s award of $152,246 is amply supported by the record. We affirm.

The district court’s findings of fact, including findings made in support of an award for damages, are reviewed for clear error. Koirala v. Thai Airways Int’l. Ltd., 126 F.3d 1205 , 1213 (9th Cir.1997). The district court’s award of damages is reviewed for an abuse of discretion. Security Farms v. Int’l Bhd. of Teamsters, 124 F.3d 999 , 1015 (9th Cir.1997). The trial court’s computation of damages is a finding of fact reviewed under the clearly erroneous standard. Simeonoff v. Hiner, 249 F.3d 883, 893 (9th Cir.2001). The district court has discretion to select the formula most appropriate to compensate the injured party. Marsu v. Walt Disney Co., 185 F.3d 932, 938 (9th Cir.1999).

We find Key’s arguments that the district court erred in finding that the government was not liable for some of Key’s injuries and that it improperly…

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