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BERRIEN v. U.S.

No. 12-1365.

711 F.3d 654 (2013)

Donnetta BERRIEN, Individually and as surviving spouse of Clarence Berrien II, Plaintiff-Appellee, v. UNITED STATES of America, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: March 28, 2013.

Attorney(s) appearing for the Case

ARGUED: Lowell V. Sturgill, Jr. , United States Department of Justice, Washington, D.C., for Appellant. Liisa R. Speaker , Speaker Law Firm, PLLC, Lansing, Michigan, for Appellee. ON BRIEF: Lowell V. Sturgill, Jr. , Thomas M. Bondy , United States Department of Justice, Washington, D.C., for Appellant. Liisa R. Speaker , Speaker Law Firm, PLLC, Lansing, Michigan, Barry J. Goodman , Goodman Acker PC, Southfield, Michigan, for Appellee.

Before: BOGGS, ROGERS, and STRANCH, Circuit Judges.

OPINION

ROGERS, Circuit Judge.

Plaintiff's decedent worked for a civilian contractor at a military base in Michigan. He was fatally injured by a gutter that fell from the liquor store on the base. The United States appeals from the district court's award under the Federal Tort Claims Act of $1.18 million in damages for failure to warn. Because the Act does not waive the immunity of the United States for acts of independent contractors, liability could only...

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