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DOCKERY v. U.S.

No. 1:07cv00144(NPM/DRH).

663 F.Supp.2d 111 (2010)

Thomas P. DOCKERY and Lisa C. Dockery, Plaintiffs, v. UNITED STATES of America, Defendant.

United States District Court, N.D. New York.

October 8, 2009.

Attorney(s) appearing for the Case

Rusk, Wadlin, Heppner & Martuscello LLP, Daniel G. Heppner, Esq., of Counsel, Kingston, NY, for Plaintiffs.

Office of United States Attorney—Albany, Barbara D. Cotrell, Esq., of Counsel, Albany, NY, for Defendant.

MEMORANDUM—DECISION AND ORDER

NEAL P. McCURN, Senior District Judge.

On the night of September 23, 20051, plaintiff Thomas Dockery ("Dockery") fell approximately ten feet off a vertical retaining wall, landed on concrete below, and suffered serious injuries. This is an action brought by Dockery and his wife, Lisa Dockery ("Lisa Dockery") (collectively, "plaintiffs") pursuant to the Federal Tort Claims Act, codified...

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