Helen Havrum, Appellee/cross-Appellant v. United States of America, Appellant/cross-Appellee

MORRIS SHEPPARD ARNOLD, Circuit Judge.

After a bench trial in an action brought under the Federal Tort Claims Act (FTCA), see 28 U.S.C. § 1846, §§ 2671-2680, the trial court 1 concluded that a nurse at a Veterans Administration (VA) hospital killed veteran Elzie Havrum. The court ordered the United States to pay $450,000 in damages to Mr. Havrum’s wife, Helen Havrum, because of the hospital’s negligent failure to protect her husband from the nurse. On appeal, the government challenges the sufficiency of the evidence. Ms. Havrum cross-appeals, maintaining that the trial court should have…