Legal Opinion · Dissent

James Depass v. United States

Court of Appeals for the Seventh Circuit

Decided January 13, 1984No. 82-3077Published

1DissentPosner, Circuit Judge

Although this may seem like a routine personal-injury case, it raises important questions relating to the use of scientific evidence in federal trials. The plaintiff, a 37-year-old man named DePass, was hit by a car owned and operated by the government. He was seriously injured — one of his legs had to be amputated just below the knee, the other was crippled, and one eye was badly injured. He brought suit under the Federal Tort Claims Act and the district court held the government liable and awarded DePass $800,000 in damages. The entire award is for “pain and suffering,” since DePass…

2Cases cited19 opinions

  1. Story Parchment Co. v. Paterson Parchment Paper Co.Supreme Court of the United States · 1931
  2. Hamil v. BashlineSupreme Court of Pennsylvania · 1978
  3. Harry J. Hicks, Administrator of the Estate of Carol Greitens, Deceased v. United StatesCourt of Appeals for the Fourth Circuit · 1966
  4. Herskovits v. Group Health CooperativeWashington Supreme Court · 1983
  5. Robert L. Abernathy and Joyce Abernathy v. Superior Hardwoods, Inc.Court of Appeals for the Seventh Circuit · 1983

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