LE FEBVRE v. UNITED STATES

Civ. No. 11235.

178 F.Supp. 176 (1959)

Gregory A. LE FEBVRE, a minor, by and through his mother and next friend, Janet L. LeFebvre, and Janet L. LeFebvre v. UNITED STATES of America.

United States District Court D. Maryland.

November 3, 1959.


Attorney(s) appearing for the Case

J. Robert Carey, Washington, D. C., and Richard H. Love, College Park, Md., for plaintiffs.

Leon H. A. Pierson, U. S. Atty., and William J. Evans, Asst. U. S. Atty., Baltimore, Md., for defendant.


THOMSEN, Chief Judge.

The evidence in this case under the Tort Claims Act, 28 U.S.C.A. § 2671 et seq., raises two close questions: whether the accident was caused by any negligence of the driver of the mail truck; and whether the infant plaintiff is likely to have epileptic seizures in the future, although he has had none in the past.

I.

McComas Ave., in Kensington, Md., a suburb of Washington, D. C., runs east and west. It is a smooth asphalt...

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