James v. United States

FINDINGS OF FACT, CONCLUSIONS OF LAW, AND MEMORANDUM OF OPINION

WILLIAM W SCHWARZER, District Judge.

This is an action for personal injury brought under the Federal Tort Claims Act, 28 U.S.C. §§ 2671 et seq. The Court has jurisdiction under 28 U.S.C. § 1346(b). The law of California, the place where the complained of acts occurred, controls. Richards v. United States, 369 U.S. 1, 9, 82 S.Ct. 585, 7 L.Ed.2d 492 (1962); United States v. English, 521 F.2d 63, 65 (9th Cir. 1975).

Plaintiff William James complains that defendant negligently failed to inform him of the discovery of a suspected tumor…