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DEJESUS v. U.S. DEPT. OF VETERANS AFFAIRS

Nos. 05-4952, 05-5112.

479 F.3d 271 (2007)

Camille DeJESUS, Individually and as Administratrix of the Estate of Alejandro DeJesus, Jr., Deceased, and the Estate of Felicia Lynne DeJesus, Deceased; Cheryl Faulk, Individually and as Administratrix of the Estate of Michael Brandon Faulk, Deceased, and the Estate of Aaron Ashanti Faulk, Deceased, Appellants v. UNITED STATES of America DEPARTMENT OF VETERANS AFFAIRS, Defendant/Third-Party Plaintiff Philadelphia Veterans Multi-Service & Education Center, Inc.; Landing Zone II Transitional Residence, Third Party Defendant United States of America Department of Veterans Affairs, Appellant.

United States Court of Appeals, Third Circuit.

Filed March 14, 2007.

Attorney(s) appearing for the Case

William G. Cole, (Argued), U.S. Department of Justice, Civil Division, Appellate Staff, Washington, DC, Joan K. Garner, Joel M. Sweet, Office of U.S. Attorney, Philadelphia, PA, 19106 Attorneys for Appellant/Cross Appellee U.S. Department of Veterans Affairs.

Gerald A. McHugh, Jr., (Argued), Regina M. Foley, Raynes, McCarty, Binder, Ross & Mundy, Philadelphia, PA, Attorneys for Appellees/Cross Appellants Camille DeJesus, etc., and Cheryl Faulk, etc.

Before FISHER, CHAGARES and GREENBERG, Circuit Judges.

FISHER, Circuit Judge.

This case comes to us on appeal from the District Court's judgment in favor of Camille DeJesus ("Camille") and Cheryl Faulk ("Faulk"), plaintiffs and appellees in this case. Following a bench trial, the District Court determined that the U.S. Department of Veterans Affairs ("the VA") was liable on a theory of gross negligence for the shooting deaths of Camille's and Faulk's children by Camille's husband...

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