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DUMANSKY v. UNITED STATES

Civ. No. 79-2078.

486 F.Supp. 1078 (1980)

Thomas DUMANSKY, Jr., an infant by his guardians ad litem, Thomas Dumansky, Sr., and Virginia Dumansky and Thomas Dumansky, Sr., and Virginia Dumansky, Individually, Plaintiffs, v. UNITED STATES of America, Larson Mortgage Company, Jenkins-Elek Management Inc., Robert R. Jenkins, Sr., Howard Bilodeau, Defendants.

United States District Court, D. New Jersey.

February 11, 1980.

Attorney(s) appearing for the Case

Samuel H. Davis, Dubowsky & Davis, Edison, N. J., for plaintiffs.

G. Donald Haneke, Asst. U. S. Atty., Trenton, N. J., James S. Dobis, Morgan, Melhuish, Monaghan & Spielvogel, Livingston, N. J., for defendants.

OPINION

THOMPSON, District Judge.

This matter, coming before the Court on motion for summary judgment, raises important questions about the scope and application of the Federal Tort Claims Act [hereinafter "FTCA"], 28 U.S.C. § 2671 et seq.

Plaintiff Thomas Dumansky, by his parents, seeks damages for injuries sustained on August 17, 1977 when he stepped on a nail protruding from a board located on property adjacent to his home. Plaintiff...

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