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NELSON v. UNITED STATES

No. 20-1267.

40 F.4th 1105 (2022)

James NELSON; Elizabeth Varney, Plaintiffs-Appellees, v. UNITED STATES of America, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

FILED July 15, 2022.

Attorney(s) appearing for the Case

Edward Himmelfarb , Appellate Staff ( Jeffrey Bossert Clark , Acting Assistant Attorney General, Jason R. Dunn , United States Attorney, Charles W. Scarborough , Appellate Staff, and Brian M. Boynton , Acting Assistant Attorney General, with him on the briefs), United States Department of Justice, Civil Division, Washington, D.C., for Appellant.

D. Dean Batchelder ( David P. Hersh with him on the brief) Burg Simpson Eldredge Hersh & Jardine, P.C., Englewood, Colorado for Appellees.

Before TYMKOVICH, Chief Judge, HOLMES, and MCHUGH, Circuit Judges.

Mr. James Nelson was seriously injured while riding his bicycle on a trail on Air Force Academy property in Colorado. He and his wife, Ms. Elizabeth Varney, sued the United States under the Federal Tort Claims Act ("FTCA"). Mr. Nelson sought damages for his personal injuries; Ms. Varney sought damages for loss of consortium...

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