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GIBBS v. U.S.

No. 94-CV-0203.

886 F.Supp. 239 (1995)

Daniel W. GIBBS, an Infant, by William Gibbs and Patricia Gibbs, His Parents and Natural Guardians, Plaintiffs, v. UNITED STATES of America, Defendants.

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

May 15, 1995.

Attorney(s) appearing for the Case

McPhillips, Fitzgerald Law Firm, Glens Falls, NY (Joseph R. Brennan, of counsel), for plaintiff.

U.S. Atty. Office, Albany, NY (James C. Woods, of counsel), for defendant U.S.

MEMORANDUM DECISION AND ORDER

McAVOY, Chief Judge.

I. Background:

This action seeking damages for personal injuries under the Federal Tort Claims Act, 28 U.S.C. 2671 et seq., came before the Court for a bench trial on April 3, 1995. Plaintiff's cause of action stems from the October 27, 1990 collision which occurred at Ticonderoga, New York, between an automobile owned by the United States Postal Service and operated by Ken Olcott, an employee...

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