Legal Opinion

Daniel v. United States

District Court, N.D. Ohio

Decided February 5, 2010No. Case 1:09 CV 2371PublishedCited by 2 opinions

1Opinion of the Court

Memorandum of Opinion and Order

PATRICIA A. GAUGHAN, District Judge.

INTRODUCTION

This matter is before the Court upon defendant United States of America’s Motion to Dismiss Complaint (Doc. 13). This is a medical negligence dispute under the Federal Tort Claims Act. For the reasons that follow, the Motion to Dismiss is GRANTED.

FACTS

Plaintiff, Laverne Daniel, brings this action against defendant, the United States of America, alleging defendant, through the Veteran’s Administration, negligently failed to properly diagnose and treat plaintiff, resulting in the amputation of his right leg. The…

2Cases cited15 opinions

  1. Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
  2. Erie Railroad v. TompkinsSupreme Court of the United States · 1938
  3. Hanna v. PlumerSupreme Court of the United States · 1965
  4. Bassett v. National Collegiate Athletic Ass'nCourt of Appeals for the Sixth Circuit · 2008
  5. Felder v. CaseySupreme Court of the United States · 1988

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3Cited by2 opinions

  1. Williams v. United StatesDistrict Court, W.D. Tennessee · 2010
  2. Larca v. United StatesDistrict Court, N.D. Ohio · 2014

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