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NELSON v. U.S.

No. 17-1388.

915 F.3d 1243 (2019)

James NELSON; Elizabeth Varney, Plaintiffs-Appellees, v. UNITED STATES of America, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

FILED February 12, 2019.

Attorney(s) appearing for the Case

Joshua M. Salzman , Appellate Staff Attorney, Civil Division ( Chad A. Readler , Acting Assistant Attorney General; Bob Troyer , United States Attorney; and Mark B. Stern , Appellate Staff Attorney, Civil Division, with him on the briefs), United States Department of Justice, Washington, D.C., for Defendant-Appellant.

Robert T. Fishman , Ridley, McGreevy & Winocur, PC, Denver, Colorado ( David P. Hersh , Steven G. Greenlee , Burg Simpson Eldredge Hersh & Jardine, PC., Englewood, Colorado, with him on the brief), for Plaintiffs-Appellees.

Before MATHESON, PHILLIPS, and McHUGH, Circuit Judges.

In 2008, Mr. James Nelson was seriously injured while riding his bicycle on United States Air Force Academy land. He and his wife, Elizabeth Varney,1 sued the Academy under the Federal Tort Claims Act ("FTCA"), seeking damages. The district court ruled in their favor and awarded them approximately...

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