The following excerpt is from Reynolds v. United States, No. CIV S-10-161 EFB (E.D. Cal. 2012):
In determining whether a plaintiff satisfies one of the two exceptions, the court applies an objective standard. See Richardson v. United States, 841 F.2d 993, 999 (9th Cir. 1988) (remanding FTCA action and instructing district court to determine whether a claimant's injuries were "reasonably foreseeable" at the time the claimant filed the claim). Specifically,
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