Harden v. United States

This tort action, authorized by the Federal Tort Claims Act, 28 U.S.C.A. § 2674, was brought against the United States under Ga. Code § 105-1307 (1976) (current version at Ga. Code Ann. § 74-108), for wrongful death of Clay Harden, 15 year old son of plaintiffs Janet L. and James Harden. After a non-jury trial the district court found that the agent of the government was negligent, and that Clay Harden was negligent, and his negligence a proximate cause, to the extent of 25%. He entered judgment for plaintiffs for $67,586.91, plus interest at 7% from date of judgment. Plaintiffs appeal.