Opinion
CV 99-48-BU-DWM, CV 99-55-BU-DWM
February 4, 2004
ORDER
Pursuant to Fed.R.Civ.P. 52(b), Plaintiffs have moved the Court for an order amending the Findings of Fact and Conclusions of Law (Dkt # 293). They correctly point out that the Court overestimated Jamie Leinberger's obligation and underestimated the United States' obligation. The Court found that Brian Musselman was damaged in the amount of $11,296,800. It further found that Musselman was 10% negligent, Jamie Leinberger was 50% negligent, and the United States was 40% negligent. Thus, damages are to be apportioned as follows:
Brian Musselman (10%) $1,129,680 United States (40%) $4,518,720 Jamie Leinberger (50%) $5,648,400
For these reasons, the Plaintiffs' motion (Dkt # 297) is GRANTED. The Clerk is directed to change the sentence on page 3 from, "Of that amount, the Forest Service is obligated to pay Musselman $4,066,848, while Leinberger is obligated to pay him $6,100,272," to "Of that amount, the Forest Service is obligated to pay Musselman $4,518,720 while Leinberger is obligated to pay him $5,648,400." The Clerk is further directed to change the first full sentence on page 104 from, "Of this, the Forest Service is responsible for $4,066,848 and Leinberger is responsible for $6,100,272," to "Of this, the Forest Service is responsible for $4,518,720 and Leinberger is responsible for $5,648,400." Finally, the Clerk is directed to change page 105 from, "The Clerk of Court shall enter judgment by separate document in favor of Plaintiff Lori Oberson, legal guardian for Brian Musselman, against the United States in the amount of $4,966,848 and against Jamie Leinberger in the amount of $6,100,272," to "The Clerk of Court shall enter judgment by separate document in favor of Plaintiff Lori Oberson, legal guardian for Brian Musselman, against the United States in the amount of $4,518,720 and against Jamie Leinberger in the amount of $5,648,400."
Wherefore IT IS HEREBY ORDERED that the Clerk of Court shall make corrections as directed herein and enter an amended judgment by separate document in favor of Plaintiff Lori Oberson, legal guardian for Brian Musselman, against the United States in the amount of $4,518,720 and against Jamie Leinberger in the amount of $5,648,400.