COLE v. UNITED STATES

No. PCA 83-4106-WS.

651 F.Supp. 221 (1986)

Marion F. COLE, Personal Representative of the Estate of Deborah D. Eisenhut, Deceased, Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court, N.D. Florida, Pensacola Division.

December 24, 1986.


Attorney(s) appearing for the Case

William K. Jennings, Jennings & Harrell, Destin, Fla., John C. Cooper, Douglass, Davey, Cooper & Coppins, Tallahassee, Fla., for plaintiff.

Fred M. Johnson, Tallahassee, Fla., for lienholder.

Thomas Banjanin, U.S. Atty., Pensacola, Fla., Jerome A. Madden, Trial Atty. Torts, Civil Div., U.S. Dept. of Justice, Washington, D.C., for defendant.


ORDER

STAFFORD, Chief Judge.

This cause comes before the court on defendant's motion for summary judgment (document 71). Plaintiff has brought this suit under the Federal Tort Claims Act ("FTCA"), 28 U.S.C. §§ 2671, 1346(b) (1982). Both parties have filed extensive memoranda addressing the legal issues involved (documents 72, 78, 83, 89 and 92).

I.

On February 28, 1980, plaintiff's decedent, Deborah D. Eisenhut, was killed while...

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