MEMORANDUM OPINION
DEBORAH K. CHASANOW, District Judge.
Presently pending in this case arising under the Federal Tort Claims Act ("FTCA") is the motion for summary judgment filed by Defendant the United States of America ("the Government"). (ECF No. 66). The issues are fully briefed, and the court now rules, no hearing being deemed necessary. See Local Rule 105.6. For the reasons that follow, the motion will be denied.
I. Background
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