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DANIEL v. UNITED STATES

No. 28463.

426 F.2d 281 (1970)

James DANIEL and Lynn Daniel, Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

May 19, 1970.

Attorney(s) appearing for the Case

Jess J. Yado, III, Gerald W. Nelson, Tampa, Fla., for plaintiffs-appellants.

John L. Briggs, U. S. Atty., Jacksonville, Fla., Alan S. Rosenthal, Walter H. Fleischer, Attys., U. S. Dept. of Justice, Washington, D. C., for defendant-appellee.

Before GODBOLD, DYER and MORGAN, Circuit Judges.

PER CURIAM.

Appellants, James and Lynn Daniel, suffered personal injuries in an automobile accident which occurred on Interstate 4 in Tampa, Florida. In their action, brought under the Federal Tort Claims Act, 28 U.S.C.A. § 1346, 2671 et seq., they alleged that the automobile driven by Lynn Daniel was struck by another automobile which jumped a concrete traffic separator and that a proximate cause of the accident was the unsafe and inadequate design of the traffic...

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