Hoffman v. United States

ORDER

MALCOLM J. HOWARD, District Judge.

This matter is before the court on defendant’s motion for summary judgment and third-party defendant’s motion for summary judgment. Plaintiffs brought this action for wrongful death after their child was struck by a truck after leaving the defendant’s bookmobile. The defendant, the United States, filed a third-party complaint against the operator of the truck which actually struck and killed the child. In a Memorandum and Recommendation (“M & R”) filed May 6,1994, United States Magistrate Judge Charles K. McCotter, Jr., recommended that the defendant’s…