Litigated Cases

Cole v. United States

Cole v. United States, 651 F. Supp. 221 (N.D. Fla. 1986) (on the brief for the United States) (in a wrongful death suit brought by the decedent of an army contract employee, held that (i) a claim for the Army's negligent failure to apply and enforce provisions of a safety manual for ammunitions, explosives, and related dangerous material to contact for mortar practice rounds containing explosive compound was barred by the discretionary function exception of the federal Tort Claims Act (FTCA), (ii) under Florida law, the Army owed no duty as employer to independent contractor's employees; and (iii) a claim for negligent misrepresentation of the hazard factor for that compound was barred by the misrepresentation exception of the FTCA where damages were attributed solely to a contractor's reliance on alleged misrepresentation).

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