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COFFEY v. U.S.

No. CIV 08-0588 JB/LFG.

906 F.Supp.2d 1114 (2012)

Diana COFFEY, on her own behalf and on behalf of the estate of Andrew Crutcher, deceased, and also, as next friend, on behalf of her minor grandchildren, Joanelle Crutcher, Rachelle Crutcher, Alex Benally, Andrew Crutcher, Vick Crutcher, Kitana Crutcher, and Drew Crutcher, Plaintiffs, v. UNITED STATES of America, Defendant.

United States District Court, D. New Mexico.

November 25, 2012.

Attorney(s) appearing for the Case

Scott E. Borg , Barber & Borg, LLC, Albuquerque, NM, Sheryl Serreze , National Legal Team, Robert R. Hager , Treva J. Hearne , Hager & Hearne, Reno, NV, for Plaintiffs.

Kenneth J. Gonzales , United States Attorney, Jan Elizabeth Mitchell , Assistant United States Attorney, Dori Ellen Richards , Special Assistant United States Attorney, United States Attorney's Office, Albuquerque, NM, for Defendant.

FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER

JAMES O. BROWNING, District Judge.

THIS MATTER comes before the Court on the bench trial held on May 24 and 25, 2012. The primary issues are: (i) whether the Court has jurisdiction to hear the Plaintiffs' lawsuit when Plaintiff Diana Coffey's administrative claim did not specifically articulate the negligence theories that she alleged at trial...

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