Legal Opinion
DiPirro v. United States
District Court, W.D. New York
Decided April 28, 1998No. 96-CV-94HPublished
1Opinion of the Court
DECISION AND ORDER
HECKMAN, United States Magistrate Judge.
The parties have consented to have the undersigned conduct any and all further proceedings in this case, including the entry of final judgment, in accordance with 28 U.S.C. § 636(c). Pending for decision is defendant’s motion to amend its answer to assert a seat-belt defense (Item 39). For the reasons that follow, defendant’s motion is denied.
BACKGROUND
Plaintiffs commenced this action on February 12, 1996 under the Federal Tort Claims Act. They allege that, on or about August 10, 1994, plaintiff Donna DiPirro suffered serious physical…
2Cases cited10 opinions
- Foman v. DavisSupreme Court of the United States · 1962
- Spier v. BarkerNew York Court of Appeals · 1974
- Rachman Bag Company, a Partnership Composed of Plains Bag and Bagging Co., Inc., and Rachman Bag Co., Inc. v. Liberty Mutual Insurance CompanyCourt of Appeals for the Second Circuit · 1995
- United States ex rel. Maritime Administration v. Continental Illinois National Bank & Trust Co. of ChicagoCourt of Appeals for the Second Circuit · 1989
- Davis v. DavisAppellate Division of the Supreme Court of the State of New York · 1975
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