FONDOW v. U.S.

Nos. CIV. A. 98-10251-PBS, 98-11814-PBS.

112 F.Supp.2d 119 (2000)

Diane G. FONDOW, as Administratrix of the Estate of Jeffrey Hutchins, Plaintiff, v. UNITED STATES of America, Defendant. Jeanne Lane and Eleanor Lowther, Co-Administratrices of the Estate of John Michael Lowther, Plaintiff, v. United States of America, Defendant.

United States District Court, D. Massachusetts.

August 28, 2000.


Attorney(s) appearing for the Case

Peter J. Black, Meehan, Boyle & Cohen, P.C., Leo V. Boyle, Meehan, Boyle & Cohen, P.C., Boston, MA, for Diane G. Fondow, Plaintiff.

Debra J. Kossow, U.S. Dept. of Justice, Torts Branch, Civil Division, Stephen R. Campbell, U.S. Department of Justice, Torts Branch, Civil Division, Washington, DC, for USA, Defendant.

Matthew A. Kamholtz, Segal & Feinberg, Matthew H. Feinberg, Feinberg & Kamholtz, Boston, MA, for Jeanne Lane, Patricia Lowther, Plaintiffs.


MEMORANDUM AND ORDER

SARIS, District Judge.

I. INTRODUCTION

On September 5, 1996, on a tranquil morning at 5:15 a.m., a barge being towed by a tugboat collided with a tuna boat, the F/V HEATHER LYNNE II. The boat capsized, trapping three crew members inside the turtled hull in an air bubble for almost two hours. In a race against time, the United States Coast Guard and several valiant individuals unsuccessfully attempted to rescue them. They drowned...

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