Frank Payne, Martha Payne v. United States

CALABRESI, Circuit Judge.

Plaintiffs-Appellants Frank and Martha Payne brought this action in 1997 under the Federal Tort Claims Act, 28 U.S.C. § 2671 et seq., to recover for injuries sustained by Mr. Payne when he fell into a “pref hole” at the United States Postal Service (“USPS”) Buffalo Processing and Distribution Center on William Street (“William Street Facility”) in Buffalo, New York. After a six-day bench trial, the United States District Court for the Western District of New York (Arcara, /.), finding that the United States had not been negligent in maintaining its property, issued a…