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FOTHERGILL v. U.S.

Nos. 08-1365, 08-1951.

566 F.3d 248 (2009)

Lucy FOTHERGILL, Plaintiff, Appellant, v. UNITED STATES of America (United States Postal Service), Defendant, Appellee. Cruz Teresa Del Toro Pineiro, Plaintiff, Appellant, v. United States of America (United State Postal Service), Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided May 21, 2009.

Attorney(s) appearing for the Case

Luis M. Chaves Ghigliotty on brief for appellants.

Ray E. Donahue, Acting Chief Counsel, Appellate Division, United States Postal Service, Michelle A. Windmueller, Attorney, Appellate Division, and Rosa Emilia Rodríguez-Vélez, United States Attorney, on brief for appellee.

Before HOWARD, SELYA and HANSEN, Circuit Judges.

SELYA, Circuit Judge.

These appeals arise out of a freak accident that occurred on April 25, 2005, at a post office in Boqueron, Puerto Rico. On that date, two unrelated parties (plaintiffs Lucy Fothergill and Cruz Teresa del Toro Pineiro) happened to be inside the facility. Each woman was bent on transacting routine business.

In the same time frame, another postal customer was maneuvering her car in the parking lot. That customer accidentally drove her vehicle...

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