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JONES v. UNITED STATES

No. 64 Civ. 977.

304 F.Supp. 94 (1969)

Herman J. JONES, as Administrator of the Estate of Lawrence P. Jones, Deceased; Herman J. Jones and Genevieve Jones, Plaintiffs, v. UNITED STATES of America, Defendant. UNITED STATES of America, Third-Party Plaintiff, v. HAWKES AMBULANCE SERVICE, INC., Third-Party Defendant. HAWKES AMBULANCE SERVICE, INC., Fourth-Party Plaintiff, v. METROPOLITAN EQUIPMENT CORPORATION and Superior Coach Corporation, Fourth-Party Defendants.

United States District Court S. D. New York.

September 23, 1969.

Attorney(s) appearing for the Case

Lionel Alan Marks, New York City, for plaintiffs.

Robert M. Morgenthau, U. S. Atty. for Southern District of New York, New York City, for defendant and third-party plaintiff United States of America; Lawrence W. Schilling, Asst. U. S. Atty., of counsel.

Herbert Lasky, New York City, for third-party defendant and fourth-party plaintiff Hawkes Ambulance Service, Inc.; Raymond C. Green, New York City, of counsel.

Edward L. Milde, New York City, for fourth-party defendant Metropolitan Equipment Corporation; Robert G. Burkhart, New York City, of counsel.

Berman & Frost, New York City, for fourth-party defendant Superior Coach Corporation; Abraham D. Shackton, Sheila L. Birnbaum, New York City, of counsel.

EDWARD WEINFELD, District Judge.

This Court found plaintiffs had sustained their burden of proof that the defendant, United States of America, "was negligent in allowing the trip to be undertaken without a trained, experienced ambulance attendant, and that Jones was not such a trained attendant, of which the defendant was aware,"1 but had failed to sustain their burden on the issue of proximate cause and accordingly dismissed the complaint...

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