Dooley v. United States, No. 22-995 (2d Cir. 2023)
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While riding a bicycle, Plaintiff ran into an open car door being operated by a recruiter for the U.S. Marines. Plaintiff brought
a claim for negligence against the United States, pursuant to the Federal Tort Claims Act. The district court found the United States liable but concluded Plaintiff was also negligent and, therefore, partially liable.
On appeal, the Second Circuit found that the evidence of Plaintiff's negligence was "dubious," and, even if Plaintiff was negligent, the district court failed to make the findings necessary to any holding that the plaintiff’s negligent conduct sufficiently caused the collision so as to make Plaintiff 40% responsible for the damages.
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