Legal Opinion

Cary v. United States

Court of Appeals for the Fourth Circuit

Decided August 31, 2009No. 08-2192Unpublished

1Opinion of the Court

Reversed and remanded by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.

2Per curiam

L. Ann Cary appeals the district court’s entry of judgment for the Government after a bench trial on her action under the Federal Torts Claims Act (“FTCA”), 28 U.S.C. §§ 2671-2680 (2006). On appeal, Cary asserts that the district court erred in determining that Sandra Ambrose-Shem was not negligent in operating her vehicle, and that Cary was contributorily negligent, thus barring her recovery. We agree with Cary and reverse the judgment of the district court.

Because Cary…

3Cases cited6 opinions

  1. Harry J. Hicks, Administrator of the Estate of Carol Greitens, Deceased v. United StatesCourt of Appeals for the Fourth Circuit · 1966
  2. Litchford v. HancockSupreme Court of Virginia · 1987
  3. Perlin v. ChappellSupreme Court of Virginia · 1957
  4. Hogan v. MillerSupreme Court of Virginia · 1931
  5. Burroughs v. KefferSupreme Court of Virginia · 2006

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