Legal Opinion
Dean W. Lilly v. Paul R. Fieldstone, M.D., and United States of America
Court of Appeals for the Tenth Circuit
Decided July 11, 1989No. 87-1048PublishedCited by 48 opinions
1Opinion of the Court
McKAY, Circuit Judge.
In this malpractice diversity case, plaintiff appeals the district court’s order allowing substitution of the parties of the United States for defendant Dr. Paul Fieldstone. The United States is the proper party defendant in “any civil action or proceeding brought in any court against any employee of the government or his estate for ... damage or injury.” 28 U.S.C. § 2679(c) (1982), Tort Claims Procedure, Exclusiveness of Remedy. The propriety of the trial court’s substitution turns on whether Dr. Fieldstone was a government employee or an independent contractor when he…
2Cases cited6 opinions
- Feres v. United StatesSupreme Court of the United States · 1950
- Logue v. United StatesSupreme Court of the United States · 1973
- Raymond Lurch v. United States of America, Defendant-Third Party v. The Regents of the University of New Mexico and Ralph Kaplan, Third PartyCourt of Appeals for the Third Circuit · 1983
- Charles Quilico v. Sidney J. Kaplan and Samuel SolomonCourt of Appeals for the Seventh Circuit · 1984
- Irving L. Norton, A/K/A I. L. Norton, and Dana Norton v. Edmond L. Murphy and the United States of AmericaCourt of Appeals for the Tenth Circuit · 1981
1 more not listed; retrieve them via the Exa API.
3Cited by48 opinions
- Annamma A. Ezekiel and Al Ezekiel v. Jaime T. Michel and United States of AmericaCourt of Appeals for the Seventh Circuit · 1995
- Duplan v. United StatesCourt of Appeals for the Tenth Circuit · 1999
- United States v. Colorado & Eastern Railroad Company, Farmland Industries, Inc., and Maytag Corporation, McKesson Corporation v. Gary W. Flanders Great Northern Transportation Company, Third-PartyCourt of Appeals for the Third Circuit · 1995
- John G. Robb v. United StatesCourt of Appeals for the Fourth Circuit · 1996
- Exxon Corporation v. Allen GannCourt of Appeals for the Tenth Circuit · 1994
43 more not listed; retrieve them via the Exa API.