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CLARKEN v. U.S.

Civ. A. No. 89-1841.

791 F.Supp. 1029 (1991)

Nancy CLARKEN, Individually and as Executrix of the Estate of Matthew J. Clarken, Plaintiff, v. UNITED STATES of America, John Doe, Robert Roe and Martin Doe, (such names being fictitious), Defendants.

United States District Court, D. New Jersey.

February 19, 1991.

Attorney(s) appearing for the Case

Kalman Harris Geist, Paterson, N.J., for plaintiff.

Michael Chertoff, U.S. Atty. by Daniel J. Gibbons, Asst. U.S. Atty., Newark, N.J., for defendants.

OPINION

BISSELL, District Judge.

This matter arises before the Court pursuant to the defendant's motion in limine to determine whether the plaintiff must prove gross negligence.

I. FACTS AND BACKGROUND

Plaintiff Nancy Clarken seeks damages for the death of her husband allegedly as a result of the negligence of emergency medical technicians ("EMT's") employed by a government-owned hospital. It is presently scheduled for trial on January...

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