Best v. United States

FINDINGS OF FACT AND CONCLUSIONS OF LAW

LARKINS, Senior District Judge.

This action which was filed on June 14, 1978, pursuant to the Federal Tort Claims Act, 28 U.S.C. § 2671 et seq., came on for trial before the Court without a jury at New Bern, North Carolina, on November 3, 1980. The plaintiff, Karl M. Best, was present in court and through his counsel, Tommy W. Jarrett, Esquire, and the defendant was represented by Assistant United States Attorneys William Woodward Webb and Dennis I. Moore. In his original Complaint the plaintiff-alleged, in essence, that on or about May 1, 1977, an…