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SAINT v. U.S.

Nos. CV 04-2118(ADS), CV 04-2221(ADS).

483 F.Supp.2d 267 (2007)

Eve SAINT, as Guardian Ad Litem for her son Thomas Saint, Plaintiff, v. UNITED STATES of America, Defendant. Nationwide Mutual Insurance Company a/s/o/ Thomas Saint, Plaintiff, v. United States of America, Defendant.

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

April 23, 2007.

Attorney(s) appearing for the Case

Hanly Conroy Bierstein Sheridan, Fisher & Hayes, LLP by Clinton B. Fisher, Esq. and Gregory Hach, Esq., New York City, for Plaintiff Eve Saint.

D'Ambrosio & D'Ambrosio, P.C. by James D'Ambrosio, Esq., Irvington, NJ, for Plaintiff Nationwide Mutual Insurance Co.

Roslynn B. Mauskopf by Vincent Lipari, Assistant United States Attorney, Central Islip, NY, United States Attorney.

MEMORANDUM OF DECISION AND ORDER

SPATT, District Judge.

This decision is rendered following a four day non-jury trial. This is an action brought under the Federal Tort Claims Act ("FTCA") 28 U.S.C. § 1346(b)(1) and 28 U.S.C. § 2674 et seq. to recover damages for personal injuries to Thomas Saint, the son of Eve Saint, his mother and guardian ad litem.

The time was June 7, 2002 at about 6:20 a.m. The location was at the intersection...

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