WOZNIAK v. U.S.

Civ. A. No. 88-0572-Y.

701 F.Supp. 259 (1988)

Mary J. WOZNIAK, Individually and as Administratrix of the Estate of Edward S. Wozniak, Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court, D. Massachusetts.

December 9, 1988.


Attorney(s) appearing for the Case

Frank L. Fragomeni, Jr., Flash and Athas, Boston, Mass., for plaintiff.

Marianne Bowler, Asst. U.S. Atty., for defendant.


MEMORANDUM AND ORDER

YOUNG, District Judge.

The plaintiff Mary J. Wozniak has brought suit against the defendant United States pursuant to the Federal Tort Claims Act (the "Act") claiming that the defendant's negligence in allowing her husband to fall from a therapy table during treatment caused his death. The United States has moved to dismiss, asserting that the plaintiff failed to comply with a jurisdictional prerequisite of the Act.

I. BACKGROUND...

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