MEMORANDUM
KEETON, District Judge.
I.
This case is before the court on defendant's Motion for Summary Judgment.
Plaintiff Laura L. Haas, individually and as guardian of her husband, Julius Haas, brought this action under the Federal Tort Claims Act, 28 U.S.C. § 1346(b) and §§ 2671 et seq. In Count I plaintiff seeks to recover
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