Pruitt v. USA

Filing 920070612


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United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT _______________________ No. 06-30642 Summary Calendar _______________________ June 12, 2007 Charles R. Fulbruge III Clerk JEANNE PRUITT, Plaintiff-Appellant, versus UNITED STATES OF AMERICA, Defendant-Appellee. __________________________________________________________ Appeal from the United States District Court for the Western District of Louisiana (USDC No. 2:04-CV-2465-PHM) __________________________________________________________ Before REAVLEY, WIENER, and DENNIS, Circuit Judges. PER CURIAM:* Jeanne Pruitt appeals the district court's Rule 52(c) dismissal of her lawsuit under the Federal Tort Claims Act after Pruitt rested her case at trial. We affirm the judgment for the 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 R. 47.5, the Court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4. 1 * reasons given by the able district court in its ruling from the bench. Pruitt did not establish that the defendant failed to warn her of the danger created by her conduct, and the district court's contrary finding that a prominent warning was in place is supported by the evidence. AFFIRMED. 2

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