No. 14-2391.

814 F.3d 681 (2016)

Jonatan PORNOMO, Administrator of the Estate of Sie Giok Giang, Deceased, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: February 25, 2016.

Attorney(s) appearing for the Case

ARGUED: Philip L. Bradfield , the Bradfield Injury Law Firm, PLC, Newport News, Virginia, for Appellant. Megan Barbero , United States Department of Justice, Washington, D.C., for Appellee. ON BRIEF: Benjamin C. Mizer , Principal Deputy Assistant Attorney General, Mark B. Stern , Appellate Staff, Civil Division, United States Department of Justice, Washington, D.C.; Dana J. Boente , United States Attorney, Office of the United States Attorney, Richmond, Virginia; Paul M. Geier , Assistant General Counsel for Litigation, Paula Lee , Trial Attorney, Abel L. Smith, III , Assistant Chief Counsel, FMCSA General Law Division, Sabrina E. Redd , Attorney Advisor, FMCSA General Law Division, Federal Motor Carrier Safety Administration, United States Department of Transportation, Washington, D.C., for Appellee.

Affirmed by published opinion. Judge CHUANG wrote the opinion, in which Judge AGEE and Judge HARRIS joined.

On May 31, 2011, Sie Giok Giang, a passenger on a Sky Express interstate bus traveling from North Carolina to New York, was killed when the driver fell asleep at the wheel and ran the bus off the side of a Virginia highway. About seven weeks before the crash, Sky Express had been...

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