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KERNS v. U.S.

No. 08-1287.

585 F.3d 187 (2009)

Stacia Lynn KERNS, Individually, and as Personal Representative of the Estate of Dennis Gregory Kerns, Jr., and as mother and next friend of A.K. and D.K., III, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: October 29, 2009.

Attorney(s) appearing for the Case

ARGUED: Paul David Bekman, Salsbury, Clements, Bekman, Marder & Adkins, Baltimore, Maryland, for Appellant. Ariana Wright Arnold, Office Of The United States Attorney, Baltimore, Maryland, for Appellee. ON BRIEF: Emily C. Malarkey, Salsbury, Clements, Bekman, Marder & Adkins, Baltimore, Maryland, for Appellant. Rod J. Rosenstein, United States Attorney, Baltimore, Maryland for Appellee.

Vacated and remanded by published opinion. Judge KING wrote the opinion, in which Judge MOTZ and Judge DAVIS joined.

OPINION

KING, Circuit Judge:

In April 2007, Stacia Kerns instituted this lawsuit against the United States under the Federal Tort Claims Act (the "FTCA"), 28 U.S.C. §§ 1346(b), 2671-2680, based on the alleged negligence of Government employee Debra Scott. In her complaint, Kerns alleged that Scott, acting within the scope of her employment, had negligently caused an automobile accident in Maryland that resulted in the death of Kerns's husband,...

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