MCNEILL v. UNITED STATES OF AMERICA ( 2021 )

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA LINDA F. MCNEILL : CIVIL ACTION : : v. : : : UNITED STATES OF AMERICA, : DEPARTMENT OF VETERANS AFFAIRS : NO. 20-105 MEMORANDUM Padova, J. May 19, 2021 Plaintiff Linda McNeill filed suit against the United States Department of Veterans Affairs (“VA”) pursuant to the Federal Tort Claims Act (“FTCA”), 28 U.S.C. § 1346(b). She alleges that Defendant negligently maintained a sidewalk outside the Philadelphia VA Medical Center and that a defect in that sidewalk caused her to trip and sustain injuries. We held a bench trial on April 5, 2021. Following the close of Plaintiff’s case, Defendant moved for Judgment on Partial Findings pursuant to Federal Rule of Civil Procedure 52(c). For the reasons that follow, we grant the Motion and enter Judgment in favor of Defendant. In accordance with Rule 52, we enter the following findings of facts and conclusions of law. Findings of Fact 1. On December 10, 2018, at approximately 12 p.m., Plaintiff was walking on the grounds of the VA Medical Center in West Philadelphia to have lunch with a friend there when she tripped and fell. (N.T. 4/5/21 at 79-82.) 2. At trial, Plaintiff testified that she tripped on an indentation in the sidewalk and marked the specific location on a photograph of the sidewalk as shown below. (See id. at 82-83, 90, Ex. P-1-C.) uy = a -_ 1 4 i Le vi ik 1a □□□ Bh ae Riri pa ae SES Oe. || ot Ries Tuan cues See □□□ es -f es Dd, Wiese Se een Sine Gee ES =“ Se ifec oe. eT = \ = = a i : a a of 3 = □ ee # , -.