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ORTEGA GARCIA v. UNITED STATES

No. 19-40718.

986 F.3d 513 (2021)

Francisco ORTEGA GARCIA, individually and as surviving spouse of Patricia Guadalupe Garcia Cervantes, and as successor-in-interest to the estate; and as next friend of V.S.O.G., a minor child, Plaintiff-Appellant, v. UNITED STATES of America; Mercury Marine, a division of Brunswick Corporation; Safe Boats International, L.L.C., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

FILED January 19, 2021.

Attorney(s) appearing for the Case

Javier Villarreal , Trial Attorney, Law Offices of Javier Villarreal, P.L.L.C., Brownsville, TX, for Plaintiff-Appellant.

Dennis Fan , Michelle Terry Delemarre , U.S. Department of Justice, Washington, DC, for Defendant-Appellee United States of America.

Stephen P. Ellenbecker , Johnson & Bell, Limited, Chicago, IL, Deirdre Claire McGlinchey, Esq. , Patrick John O'Cain , McGlinchey Stafford, P.L.L.C., New Orleans, LA, Jaime A. Saenz , Colvin, Chaney, Saenz & Rodriguez, L.L.P., Brownsville, TX, for Defendant-Appellee Mercury Marine, a Division of Brunswick Corporation.

Jadd Fitzgerald Masso, Esq. , Clark Hill Strasburger, Dallas, TX, Mark Allan Freeman , Attorney, Marianne Elizabeth Laine , Clark Hill Strasburger, Beaumont, TX, for Defendant-Appellee Safe Boats International, L.L.C.

Before Jolly, Jones, and Willett, Circuit Judges.

While patrolling the Brownsville Ship Channel around midnight, a United States Coast Guard vessel struck and killed Patricia Guadalupe Garcia Cervantes, a Mexican citizen who was attempting to enter the United States illegally by swimming across the Channel. Litigation ensued. Francisco Ortega Garcia, individually...

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