DeMartino v. United States

MEMORANDUM OF DECISION AND ORDER

NEAHER, District Judge.

This action was brought under the Federal Tort Claims Act, 28 U.S.C. § 2671, et seq., to recover damages for personal injuries claimed to have been sustained by plaintiff Anne DeMartino1 in an automobile accident involving a government employee. The action having been tried upon the facts without a jury, the facts and discussion which follow constitute the Court’s findings of fact and conclusions of law. Rule 52(a), F.R.Civ.P.

*1189The parties do not dispute that there was contact between two vehicles at an intersection in the Borough of Queens…