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LOPEZ v. U.S.

No. 03-2131.

376 F.3d 1055 (2004)

Glendean LOPEZ and Kelley Marlow, as co-guardians of Michelle R. Williams, an incapacitated adult, and Carroll E. Nowak, as parent and next friend of Ashley Nowak, a minor, Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-Appellee, and John Doe, Defendant.

United States Court of Appeals, Tenth Circuit.

July 21, 2004.

Attorney(s) appearing for the Case

Richard J. Valle, O'Brien & Houliston (Richard L. Kraft, The Kraft Law Firm, LLP, with him on the briefs), for Plaintiffs-Appellants.

Cynthia L. Weisman, Assistant United States Attorney (David C. Iglesias, United States Attorney, Elizabeth M. Martinez, Assistant United States Attorney, with her on the brief), Albuquerque, NM, for Defendant-Appellee.

Before EBEL, KELLY, and McCONNELL, Circuit Judges.

McCONNELL, Circuit Judge.

In August 2000, plaintiffs were driving along Sacaton Street in Chaves County, New Mexico. At the intersection of U.S. Highway 70, their vehicle collided with a pickup truck, resulting in significant injury to driver Michelle Williams, who remains in a coma. Plaintiffs allege that a row of mailboxes on the shoulder of the highway obstructed their view of the intersection as they entered the highway...

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