Dutra v. United States

478 F.3d 1090 Jose DUTRA, a minor, by and through his Guardian; Commencement Bay Guardianship Services; Misty M. Dutra, individually and as natural mother of Jose Dutra, a minor, Plaintiffs-Appellees, v. UNITED STATES of America, Defendant-Appellant. No. 05-36146. United States Court of Appeals, Ninth Circuit. Argued and Submitted July 28, 2006. Filed March 5, 2007. John McKay, United States Attorney for the Western District of Washington, Seattle, WA; Darwin P. Roberts, Assistant United States Attorney for the Western District of Washington, Seattle, WA, for the defendant-appellant. James L. Holman, Law Offices of James L. Holman, Tacoma, WA; J. William Ashbaugh, Stafford Frey Cooper, Seattle, WA, for the plaintiff-appellee Jose Dutra. John C. Galbraith, Law Office of John C. Galbraith, Tacoma, WA, for the plaintiff-appellee Misty M. Dutra. Appeal from the United States District Court for the Western District of Washington; Ronald B. Leighton, District Judge, Presiding. D.C. No. CV-04-05025-RBL. Before: WALLACE, WARDLAW, and FISHER, Circuit Judges. WARDLAW, Circuit Judge: 1 The United States appeals the district court's judgment awarding damages in this Federal Tort Claims Act…