Legal Opinion
Barney v. United States
District Court, N.D. New York
Decided October 31, 1995No. 93-CV-1496Published
1Opinion of the Court
*325MEMORANDUM-DECISION & ORDER
McAVOY, Chief Judge.
I. BACKGROUND
Plaintiff, CATHERINE M. BARNEY, brings this action pursuant to the Federal Tort Claims Act claiming that she sustained injuries as a result of the negligent operation of an automobile by the defendant, UNITED STATES OF AMERICA, in the person of U.S. Marine Recruiter, Sergeant LeRoy Prantle. The defendant has moved to dismiss this action pursuant to Rule 12(b)(6) or, in the alternative, Rule 56. The plaintiff has opposed the defendant’s motion, and has cross-moved for summary judgment on the issues of liability and serious injury.
Plain…
2Cases cited32 opinions
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- Matsushita Electric Industrial Co., Ltd. v. Zenith Radio CorporationSupreme Court of the United States · 1986
- Hughes v. RoweSupreme Court of the United States · 1980
- Grishelda Bryant v. John J. Maffucci, Dawn Thackeray, Yvonne Powell, Norwood Jackson and Dr. Edward AllanCourt of Appeals for the Second Circuit · 1991
- Licari v. ElliottNew York Court of Appeals · 1982
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