Legal Opinion
John Proud, Individually and as Next Friend of Heather Proud, a Minor v. United States
Court of Appeals for the Ninth Circuit
Decided January 12, 1984No. 83-2114PublishedCited by 29 opinions
1Opinion of the Court
PREGERSON, Circuit Judge:
John Proud, individually and as next friend of Heather Proud, a minor, appeals the district court’s dismissal of the complaint for failure to state a claim upon which relief can be granted. Plaintiff filed suit in federal court seeking damages under the Federal Tort Claims Act (FTCA), 28 U.S.C. §§ 1346(b), 2671-2680 (1976 & Supp. V 1981), for injuries that Heather Proud sustained in a diving accident at Haleakala National Park.
The United States moved for dismissal and argued that, under the FTCA, the law of the State of Hawaii governs the federal government’s…
2Cases cited3 opinions
- Richards v. United StatesSupreme Court of the United States · 1962
- Thomas Robert Simpson v. United StatesCourt of Appeals for the Ninth Circuit · 1981
- Robert Dennis Phillips v. United StatesCourt of Appeals for the Ninth Circuit · 1979
3Cited by29 opinions
- Maria Castro v. United States of America, Don Abrams, Jason Davs, Daniel BolognaCourt of Appeals for the Second Circuit · 1994
- David L. Klepper v. City of Milford, Kansas, and David L. Klepper v. United States of America, & Third Party and City of Milford, Kansas, Third PartyCourt of Appeals for the Third Circuit · 1987
- Lawrence T. Palmer v. United StatesCourt of Appeals for the Ninth Circuit · 1991
- David Cox v. United StatesCourt of Appeals for the Tenth Circuit · 1989
- Coffey v. United StatesDistrict Court, D. New Mexico · 2012
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