Wednesday, September 2nd, 2009...2:45 am
DAlaska: FTCA Liability Award Against Army
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U. S. District Judge Ralph Beistline has held that the U. S. Army was 50 % responsible for injuries suffered in a slip and fall at Ft. Wainwright. Beistline (admittedly reluctantly) found negligence per se based on a snow removal policy that the 9th Circuit, in an earlier appeal, found was non-discretionary.
Beistline will later hold a hearing on damages.
Bolt v. U. S., 4:02-cv-0021-RRB (D.Alaska Aug. 28, 2009 Findings, Conclusions, & Order)(the Order is mistakenly dated Sept. 28th)
Robert Sparks represents the plaintiff; Stephen Cooper, AUSA, represents the government. Both practice in Fairbanks.
Addition: The opinion has now been published at 2009 WL 2714013.
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