Thomas v. S & C Electric
Thomas v. S & C Electric
Opinion
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT ________________________________
No. 00-60029 SUMMARY CALENDAR ________________________________
SCOTT THOMAS, ET AL, Plaintiffs,
SCOTT THOMAS, Plaintiff-Appellant,
v.
S & C ELECTRIC COMPANY; ET AL,
Defendants,
UNITED STATES OF AMERICA, Defendant-Appellee.
_______________________________________________
On Appeal from the United States District Court for the Southern District of Mississippi, Southern Division (1:98-CV-137-BrR) _______________________________________________ January 17, 2001
Before REYNALDO G. GARZA, BARKSDALE, AND STEWART, Circuit Judges.
PER CURIAM:1
Scott Thomas (“appellant”) asserted a negligence claim
against the United States (“appellee”) under the Federal Tort
Claims Act (“FTCA”).
28 U.S.C. § 1346(b). Appellant’s claim is
based on injuries he suffered on April 12, 1995 when he was
burned while inspecting an electrical switch gear unit located at
1 Pursuant to 5th Cir. R. 47.5, the Court has determined that this opinion should not be published and is not precedent except under the limited circumstances described in 5th Cir. R. 47.5.4. NASA’s John C. Stennis Space Center (“SSC”) in Hancock County,
Mississippi. Appellant alleges that his injuries were caused, in
part, by NASA’s failure to provide a safe workplace and failure
to properly operate and maintain the SSC’s electrical
distribution system. At the district court, the case was tried
to the bench and, at the close of the plaintiff’s case, the court
granted appellee’s motion for judgment of dismissal under Fed. R.
Civ. P. 52(c). The district court prepared written findings of
fact and conclusions of law and made them part of the record in
this case. Having reviewed the record and the briefs, we agree
that judgment as a matter of law was appropriate in this case and
AFFIRM based on the district court opinion which is attached
hereto as appendix A.
Reference
- Status
- Unpublished