LIVINGSTON v. U.S.

No. 91-96-CIV-3-H.

817 F.Supp. 601 (1993)

John LIVINGSTON, individually and as Administrator of the Estate of David Dean Livingston, deceased, and Jean Livingston, individually, and John Livingston, d/b/a Fayetteville Auto Exchange, a sole proprietorship, Plaintiffs, v. UNITED STATES of America, Defendant.

United States District Court, E.D. North Carolina, Fayetteville Division.

March 18, 1993.


Attorney(s) appearing for the Case

Bobby G. Deaver, Fayetteville, NC, for plaintiffs.

R.A. Renfer, Jr., Asst. U.S. Atty., Office of U.S. Atty., Raleigh, NC, for defendant.


ORDER

MALCOLM J. HOWARD, District Judge.

This is an action under the Federal Tort Claims Act ("FTCA") arising out of a September 19, 1990, vehicular accident in which David Dean Livingston received fatal injuries when his car was struck by a government truck driven by an Air Force serviceman. The driver of the truck, Airman First Class ("A1C") Tana Lyn Petersen, subsequently pleaded guilty to state charges of death by vehicle and failing to see before turning...

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