BENSON v. U.S.

No. 02-CV-6-B-S.

265 F.Supp.2d 98 (2003)

Rose Marie BENSON, individually and in her capacity as personal representative of the Estate of Steven W. Benson, Plaintiff v. UNITED STATES of America, Defendant.

United States District Court, D. Maine.

May 19, 2003.


Attorney(s) appearing for the Case

Terrence Garmey, Smith, Elliott, Smith & Garmey, P.A., Portland, ME, Keith Jacques, Smith, Elliott, Smith & Garmey, P.A., Saco, ME, for Rose Marie Benson, Individually and in her capacity as Personal Representative of the Estate of Steven W Benson.

Evan Roth, Office of the U.S. Attorney, Portland, ME, for USA.


FINDINGS OF FACT AND CONCLUSIONS OF LAW

SINGAL, Chief Judge.

Decedent Steven Benson's ("Benson") widow brings this action pursuant to the Federal Tort Claims Act ("FTCA"), 28 U.S.C. §§ 2671-2680, to recover for alleged medical malpractice by employees of the United States Department of Veterans Affairs. After a two day non-jury trial that began on April 14, 2003, the parties submitted post-trial briefs and proposed findings of fact and conclusions...

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