Legal Opinion
Wilson v. United States
District Court, E.D. New York
Decided September 16, 1987No. CV-86-2824PublishedCited by 3 opinions
1Opinion of the Court
MEMORANDUM-DECISION and ORDER
BARTELS, District Judge.
Defendant United States of America makes this motion under F.R.Civ.P. 12(h)(3) challenging the subject matter jurisdiction of this Court.
The Court previously decided at the conclusion of a bench trial that plaintiff Laurence Wilson was entitled to recover damages for injuries he suffered while riding his bicycle on the concrete boardwalk at Jacob Riis Park since the Government had been negligent in its maintenance of the boardwalk. The Court also found Laurence Wilson 60% at fault for not avoiding the obvious defect which caused him to fall.
2Cases cited10 opinions
- Samuel Nemaizer, General Manager of the New York Coat, Suit, Dress, Rainwear and Allied Workers' Union I.L.G.W.U. v. Jack Baker, an IndividualCourt of Appeals for the Second Circuit · 1986
- Robert James Lubben v. Selective Service System Local Board No. 27Court of Appeals for the First Circuit · 1972
- Sega v. State of New YorkNew York Court of Appeals · 1983
- Ferres v. City of New RochelleNew York Court of Appeals · 1986
- Michael Mandel v. United StatesCourt of Appeals for the Eighth Circuit · 1986
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3Cited by3 opinions
- Thomas A. Guttridge and Marie Guttridge v. United StatesCourt of Appeals for the Second Circuit · 1991
- Aini v. Sun Taiyang Co.District Court, S.D. New York · 1997
- Dodd Insurance Services, Inc. v. Fidelity and Guaranty CompanyCourt of Appeals for the Tenth Circuit · 1992