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FOWLER v. U.S.

No. 10-1046.

647 F.3d 1232 (2011)

Jason FOWLER, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

May 31, 2011.

Attorney(s) appearing for the Case

Robert T. Fishman of Denver, CO ( Bruce J. Kaye and Mari C. Bush of Kaye and Bush, LLC, Denver, CO, with him on the briefs), for Plaintiff-Appellant.

Marc A. Bonora , Assistant United States Attorney ( David M. Gaouette , United States Attorney, and Michael C. Johnson , Assistant United States Attorney, with him on the briefs), Denver, CO, for Defendant-Appellee.

Before LUCERO, SEYMOUR, TACHA, Circuit Judges.

SEYMOUR, Circuit Judge.

Jason Fowler appeals the district court's determination that the United States was entitled to summary judgment on a tort action he filed against the United States and an employee of the U.S. Air Force, Sean Garrick. We reverse.

I.

On June 4, 2006, in Boulder County, Colorado, Mr. Fowler was injured when a car driven by Sean Garrick collided with Mr. Fowler and his motorcycle. Mr. Garrick was an active-duty member of the U...

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