PHILLIPS v. U.S.

No. 91-8040.

956 F.2d 1071 (1992)

Steven Paul PHILLIPS and Phyllis Diane Phillips, Plaintiffs-Appellees, v. UNITED STATES of America, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

March 30, 1992.


Attorney(s) appearing for the Case

Stuart M. Gerson, Asst. Atty., Gen., Civ. Div. Torts Branch, Washington, D.C., Paul F. Figley, Asst. Director, Gail K. Johnson, Stephen E. Handler, Trial Attys., Torts Branch, Dept. of Justice, Washington, D.C., for defendant-appellant.

Marc T. Treadwell, Chambless, Higdon and Carson, Paul M. Knott, Manley F. Brown, O'Neal, Brown & Sizemore, Macon, Ga., for plaintiffs-appellees.

Before JOHNSON, CLARK, and PECK, Senior Circuit Judges.


JOHN W. PECK, Senior Circuit Judge:

Steven and Phyllis Phillips brought this action pursuant to the Federal Tort Claims Act [FTCA], 28 U.S.C. §§ 1346(b), 2671-2680 (1988). After a bench trial, the district judge determined that the Army Corps of Engineers [Army Corps] had been negligent in its inspections of scaffolds in aircraft hangar extensions at Robins Air Force Base in Georgia. The district court further found that the Army Corps's negligence was the...

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