Muldez v. United States

MEMORANDUM

WALTER E. HOFFMAN, Chief Judge.

This action, filed under the Federal Tort Claims Act, 28 U.S.C. § 1346(b), on August 25, 1970, alleges injuries sustained by the infant plaintiff, Richard Muldez, arising out of the negligence of the defendant when the plaintiff and his friend found shells, on October 14, 1967, among the sand dunes and dugouts near the beach at the Naval Amphibious Base, Little Creek, Virginia. One week later, on October 21, 1967, the infant plaintiff was attempting to cut one of the shells when it exploded, injuring the plaintiff and destroying the use of his right…