MacEy v. United States

MEMORANDUM AND ORDER

von der HEYDT, Chief Judge.

THIS CAUSE comes before the court on cross-motions “to establish the law of the case,” Felton’s motion to reconsider, and plaintiffs’ motion to publish depositions.

This action was brought to recover damages for the death of Robert Lee Smith III. The factual basis for the action involves the drowning of Smith, age four years, in a partially waterfilled ditch excavated by Felton Construction Company in a residential area of the Kodiak Coast Guard Base in Kodiak, Alaska. The accident occurred while the child was apparently in the care and control of…