O'Ferrell v. United States

FINDINGS OF FACT AND CONCLUSIONS OF LAW

ALBRITTON, Chief Judge.

Introduction and Background

This suit for damages under the Federal Tort Claims Act, 28 U.S.C. § 2671, et seq., came before the court for nonjury trial on November 16-19, 1998. The Plaintiffs’ lawsuit has been active for six years. The matters before the court in this trial are considerably different now than they were when the litigation began. Many of the Plaintiffs’ claims were dismissed prior to this trial. Thus, the court feels that it is appropriate to review the background of this lawsuit before turning to the resolution of…