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McASEY v. U.S. DEPARTMENT OF NAVY

No. C 00-2063 JL.

201 F.Supp.2d 1081 (2002)

Shari McASEY, Plaintiff, v. U.S. DEPARTMENT OF NAVY.,et al., Defendants.

United States District Court, N.D. California.

Judgment Amended, April 2, 2002.

Attorney(s) appearing for the Case

Frank M. Pitre, Niall P. McCarthy, Dean C. Rossi, Cotchett, Pitre & Simon, Burlingame, CA, for Shari McAsey, Robert J. McAsey, Jr., plaintiffs.

Abraham A. Simmons, U.S. Attorney's Office, San Francisco, CA, for United States Department of the Navy, defendant.

Roger Brown, Karasoff & Associates, San Francisco, CA, for National Union Fire Insurance Company, claimant.

INTRODUCTION

LARSON, United States Magistrate Judge.

Bob McAsey awoke on a June morning, kissed his wife Shari goodbye, climbed into his truck and drove approximately 100 miles to a job site on a Navy base. There, he pulled on his leather gloves, picked up his chipping gun, and with his friend and co-worker Dusty O'Ferrall nearby, started breaking up a concrete pad to dig a trench around an electrical conduit. Within minutes, the metal tip of the tool struck...

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