Albert Garza and Felicita Garza, Individually and as Next Friend of Their Child, Robert Garza, a Minor v. United States

POLITZ, Circuit Judge:

In this Federal Tort Claims Act litigation, 28 U.S.C. §§ 2671-80, we must determine whether the United States is liable for negligence in its handling of an explosive used in a training exercise which was stolen by a serviceman, removed from a military base, given to a civilian, left in an apartment when it was vacated, found by a 13-year-old boy who was helping his mother clean the apartment, and detonated by him causing his injury. The trial judge found the government negligent and found the child’s injury foreseeable and proximately caused by the negligence.…