AUTERY v. U.S.

No. 92-6427.

992 F.2d 1523 (1993)

Nell D. AUTERY, As Administratrix of the Estate of Roy Franklin Autery; Charlotte Schreiner, Plaintiffs-Appellees, v. UNITED STATES of America, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

June 11, 1993.


Attorney(s) appearing for the Case

William R. Sawyer, Asst. U.S. Atty., Mobile, AL, Jennifer H. Zacks, Asst. U.S. Atty., Appellate Staff Civ. Div., Dept. of Justice, Washington, DC, for defendant-appellant.

Andrew T. Citrin, David G. Wirtes, Jr. and Joseph M. Brown, Jr., Cunningham, Bounds, Yance, Crowder & Brown, Mobile, AL, for plaintiffs-appellees.

Before TJOFLAT, Chief Judge, KRAVITCH, Circuit Judge, and RONEY, Senior Circuit Judge.


KRAVITCH, Circuit Judge:

Roy Franklin Autery was killed and Charlotte Schreiner was injured when a black locust tree fell on their car as they drove through Great Smokey Mountain National Park. Nell Autery, as administratrix of her brother's estate, and Schreiner (together, "the plaintiffs") brought this negligence action against the United States under the Federal Tort Claims Act, 28 U.S.C. §§ 1346(b), 2674 ("FTCA"). After a bench trial, the district court...

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