Stewart v. The United States of America
U.S. District Court, Northern District of Alabama, Southern Division
Case No. 2:09-cv-803-PWG
Defense Attorney: Jack Hood, AUSA
Defense Psychiatric Expert: Harold J. Bursztajn, MD
In this action, Plaintiff William Stewart claims that the United States
is liable under the Federal Tort Claims Act ("FTCA"), 28 U.S.C. §§ 1346(b)
and 2671-2680, because a psychologist at the Birmingham VA Medical Center
contacted police and had Plaintiff disclose his homicidal ideations regarding
a co-worker, which resulted in the termination of Plaintiff's employment.
The Government filed a motion to dismiss or for summary jedgment. Included
in the Government's brief in support of this motion is a Daubert challenge
to expert testimony offered on behalf of the Plaintiff. Upon consideration,
the court granted the Government's motion for summary judgment and the
case and its claim of undue exercise of the duty to warn was dismissed.