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LAM v. U.S.

No. 19-16243.

979 F.3d 665 (2020)

Phong LAM, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed October 28, 2020.

Attorney(s) appearing for the Case

Robert V. Chin (argued) , Law Office of Robert V. Chin, San Rafael, California, for Plaintiff-Appellant.

Julie Bibb Davis (argued), Assistant United States Attorney; Sara Winslow , Chief, Civil Division; David L. Anderson , United States Attorney; United States Attorney's Office, San Francisco, California; for Defendant-Appellee.

Dissent by Judge Hurwitz

OPINION

During the 2014 July Fourth weekend, Phong Lam ("Lam") was asleep in the Lake Mendocino recreation area when a tree crashed into his tent and smashed his foot. Lam sued the United States under the Federal Tort Claims Act ("FTCA") and alleged that the Army Corps of Engineers ("Corps") negligently failed to...

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