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TURNER v. U.S.

No. 12-1953.

736 F.3d 274 (2013)

Susan C. TURNER, Individually and as Administratrix of the Estate of Roger W. Turner, Jr., Plaintiff-Appellant, v. UNITED STATES of America; United States Coast Guard, Defendants-Appellees, and Liberty Mutual Insurance Company, d/b/a Montgomery Insurance; Simmons & Harris Insurance Agency, Inc.; The Netherlands Insurance Company, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided: November 20, 2013.

Attorney(s) appearing for the Case

ARGUED: Cynthia Marie Currin , Crisp, Page & Currin, LLP, Raleigh, North Carolina, for Appellant.

Bruce A. Ross , United States Department of Justice, Washington, D.C., for Appellees.

ON BRIEF: Thomas G. Walker , United States Attorney, Office of the United States Attorney, Raleigh, North Carolina; Stuart F. Delery , Principal Deputy Assistant Attorney General, Douglas M. Hottle , Torts Branch, Civil Division, United States Department of Justice, Washington, D.C., for Appellees.

Affirmed by published opinion. Judge GIBNEY wrote the opinion, in which Judge MOTZ and Judge DIAZ joined.

GIBNEY, District Judge:

This case comes before the Court on an appeal of the district court's grant of summary judgment to the defendant, the United States Coast Guard ("USCG"), in a personal injury and wrongful death action. The central issue in the case concerns whether the Coast Guard breached a duty of care in attempting to rescue Susan Turner and her husband, Roger Turner, Jr. Based on the record in this case, we conclude that the Coast Guard is not liable for...

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