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PANION v. U.S.

Civ. No. 04-00338 SOM/LEK.

385 F.Supp.2d 1071 (2005)

Lacey PANION and Gary Panion, Plaintiffs, v. The UNITED STATES of America, Defendant.

United States District Court, D. Hawai'i.

August 16, 2005.

Attorney(s) appearing for the Case

Michael K. Livingston, Davis Levin Livingston Grande, Honolulu, HI, for Plaintiffs.

R. Michael Burke, Office of the United States Attorney, Honolulu, HI, for Defendant.

FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER

MOLLWAY, District Judge.

I. INTRODUCTION.

Plaintiffs Lacey and Gary Panion bring this suit under the Federal Tort Claims Act ("FTCA"), 28 U.S.C. §§ 1346(b), 2674, seeking money damages for injuries sustained as a result of a sexual assault by a licensed practical nurse on Lacey Panion while she was hospitalized at Tripler Army Medical Center in Honolulu.

A bench trial...

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