Legal Opinion
Karen P. Miller v. United States
Court of Appeals for the Fourth Circuit
Decided May 6, 1991No. 90-2628PublishedCited by 72 opinions
1Opinion of the Court
PHILLIPS, Circuit Judge:
The question is whether a wrongful death action brought under the Federal Tort Claims Act, 28 U.S.C. § 1346, by Karen Miller as executrix of the estate of Milica Petzak against the United States, claiming medical malpractice by government doctors as the cause of Mrs. Petzak’s death, was time-barred. The district court held that it was and dismissed the claim by summary judgment.
We conclude that under Virginia law, which defines the nature of the claim, and federal law which defines the limitations period and the time of the claim’s accrual, the action was time-barred,…
2Cases cited15 opinions
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- United States v. KubrickSupreme Court of the United States · 1979
- Darrell R. Page v. United StatesCourt of Appeals for the D.C. Circuit · 1984
- Betty Jean Brown, a Minor, by Owen Walter Brown, Her Guardian Ad Litem, and Owen Walter Brown v. United StatesCourt of Appeals for the Ninth Circuit · 1965
- Frank R. Ciccarone v. United StatesCourt of Appeals for the Third Circuit · 1973
10 more not listed; retrieve them via the Exa API.
3Cited by72 opinions
- Russell v. Ingersoll-Rand Co.Texas Supreme Court · 1992
- Smith v. StacyWest Virginia Supreme Court · 1996
- Mummert v. AlizadehCourt of Appeals of Maryland · 2013
- Anderson v. United StatesCourt of Appeals for the Fourth Circuit · 2011
- Anderson v. United StatesCourt of Appeals of Maryland · 2012
67 more not listed; retrieve them via the Exa API.