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Torts Keyed to Prosser
Akiona v. United States
Citation:
938 F.2d 158 (1991)Facts
On June 1, 1985, Dennis Kaululaau threw a hand grenade in a restaurant parking lot in Honolulu, injuring the plaintiffs. Investigation revealed the grenade was manufactured for the U.S. government between 1967-1969 as part of a lot shipped to various locations including Hawaii. The government had no records of what happened to the grenade after shipment, having destroyed relevant records pursuant to its policy. Kaululaau maintained his innocence and provided no information about how he obtained the grenade. The parties stipulated that he possessed the grenade unlawfully and without government consent. The plaintiffs sued under the Federal Tort Claims Act, alleging government negligence in allowing the grenade to fall into unauthorized hands. The district court applied res ipsa loquitur to infer negligence and shifted the burden of proof to the government due to its destruction of records.
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