Clement v. United States

OPINION AND ORDER

This matter comes before the Court for factfinding and final resolution of claims by Plaintiff Kathleen Barker Clement under the Federal Tort Claims Act, 28 U.S.C. § 2671 et seq., arising out of the medical care and treatment provided by Defendant United States of America to Plaintiff’s deceased brother, Burton Barker. Plaintiff’s claims were tried before the Court without a jury on March 13 and 14, 1991.

I. FINDINGS OF FACT

Burton Barker was struck in the lower back by a log while working at a sawmill in 1977. He sustained ruptures of the third and fourth intervertebral discs.…