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.