LEE v. U.S.

No. 97-5015.

124 F.3d 1291 (1997)

Megan Han LEE, By her Mother and Next Friend, Deborah Lynn LEE and Deborah Lynn Lee, Plaintiffs-Appellants, v. The UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

September 17, 1997.


Attorney(s) appearing for the Case

Robert A. Mazzoni, Scranton, PA, argued for plaintiffs-appellants. With him on brief was Peter Ayers Wimbrow, III, Ocean City, MD.

Harold D. Lester, Jr., Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, Washington, DC, argued for defendant-appellee. With him on the brief were Frank W. Hunger, Assistant Attorney General, and David M. Cohen, Director. Of counsel on the brief was Major Dru Brenner-Beck and Major Leo E. Boucher, Tort Branch, Army Litigation Division, Legal Services Division, Department of the Army, Arlington, VA.

Before CLEVENGER, SCHALL, and BRYSON, Circuit Judges.


BRYSON, Circuit Judge.

In April 1989, Megan Han Lee, a two-year-old child, was being cared for in the home of United States Army Sgt. Boyce Garner and his wife as part of an Army child-care program. One day while Ms. Garner left the home to go shopping, Sgt. Garner placed Megan in a bathtub filled with hot water. When Megan attempted to get out of the bathtub, Sgt. Garner struck her and held her in the water. Megan sustained serious burns as a result.

Sgt...

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