Leedy v. Hartnett

OPINION

MUIR, District Judge.

This case arose out of an assault upon the Plaintiffs allegedly by one John J. Hart-nett, now deceased. The Plaintiffs’ claim against the Lebanon Veterans Administration Hospital arises under the Federal Tort Claims Act, 28 U.S.C. § 2671 et seq. The Court has jurisdiction pursuant to 28 U.S.C. § 1346. The Plaintiffs allege that the Veterans Hospital was negligent in failing to warn the Leedys of Hartnett’s alleged violent tendencies. To the claim against the Veterans Hospital, the Plaintiffs have appended the common law claim of assault and battery against…