MEMORANDUM OPINION AND ORDER
BUCKLO, District Judge.
The plaintiff, James Lee Barna ("plaintiff"), as Special Administrator of the Estate of James S. Barna, sued the United States of America ("United States"), under the Federal Tort Claims Act ("FTCA"), 28 U.S.C. §§ 1346(b), 2671 et seq. The United States moves for partial summary judgment. For the following reasons, the motion is denied.
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