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MALMBERG v. U.S.

Docket Nos. 14-3555-cv(L), 14-3913-cv(XAP).

816 F.3d 185 (2016)

Charles MALMBERG, Plaintiff-Appellant-Cross-Appellee, v. UNITED STATES of America, Defendant-Appellee-Cross-Appellant.

United States Court of Appeals, Second Circuit.

Decided: March 4, 2016.

Attorney(s) appearing for the Case

Alan J. Pierce , Hancock Estabrook, LLP ( Robert B. Nichols , Buffalo, NY, on the brief), Syracuse, NY, for Plaintiff-Appellant-Cross-Appellee Charles Malmberg.

Joshua Waldman , U.S. Department of Justice ( Benjamin C. Mizer , Acting Assistant Attorney General, Dana J. Martin , U.S. Department of Justice, on the brief), for Richard S. Hartunian , United States Attorney for the Northern District of New York, Washington, DC.

Before: CABRANES, POOLER, Circuit Judges, and GARDEPHE, District Judge.

Charles Malmberg sued the United States under the Federal Tort Claims Act ("FTCA") after surgery at the Syracuse Veteran's Administration Medical Center ("VA") rendered him quadriplegic. After the liability portion of a bifurcated bench trial, the district court found the VA liable for Malmberg's injuries. Malmberg v. United...

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