No. 85-2536.

857 F.2d 1404 (1988)

Carl E. BILLS, in his capacity as Personal Representative of the estate of A. LaRue Lamb, Plaintiff-Appellant, v. The UNITED STATES of America Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

September 29, 1988.

Attorney(s) appearing for the Case

Robert D. Barclay, Ogden, Utah, for plaintiff-appellant.

Brent D. Ward and Kathleen B. Barrett, Salt Lake City, Utah, for defendant-appellee.

Before HOLLOWAY, Chief Judge, BARRETT, Senior Circuit Judge, and DUMBAULD , Senior District Judge.

DUMBAULD, Senior District Judge.

This is a suit brought under the Federal Tort Claims Act, 28 U.S.C. 1346(b)1 by the personal representative of Mrs. A. La Rue Lamb, upon whom a waitress at the N.C.O. Club at Hill Airforce Base, Utah, on September 23, 1979, spilled hot coffee and water or tea. Mrs. Lamb suffered and was treated for first and second degree burns. She had been scheduled for an exploratory operation for cancer on the following...

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