Legal Opinion
Plummer v. United States
Court of Appeals for the Third Circuit
Decided May 26, 1978No. Nos. 77-1121, 77-1122PublishedCited by 33 opinions
1Opinion of the Court
OPINION OF THE COURT
ADAMS, Circuit Judge.
Eight prisoners confined in a federal penitentiary brought the present suit under the Federal Tort Claims Act seeking damages as a result of allegedly negligent action by prison officials in exposing them to the active tuberculosis of a fellow prisoner. The trial court bifurcated the proceedings and heard the damage phase of the case first. It determined that the appellants here proved no compensable damages under the law of Pennsylvania, which is applicable under the Tort Claims Act.1 Since we believe that the trial court erred in its application of…
2Cases cited15 opinions
- United States v. MunizSupreme Court of the United States · 1963
- Niederman v. BrodskySupreme Court of Pennsylvania · 1970
- PAPIEVES Et Ux. v. KellySupreme Court of Pennsylvania · 1970
- St. Louis, Iron Mountain & Southern Railroad v. Southern Express Co.Supreme Court of the United States · 1883
- Bosley v. AndrewsSupreme Court of Pennsylvania · 1958
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3Cited by33 opinions
- Matthews v. United StatesUnited States Court of Federal Claims · 2006
- Leonhard v. United StatesCourt of Appeals for the Second Circuit · 1980
- McCormick v. StalderCourt of Appeals for the Fifth Circuit · 1997
- Kenneth Michael Trentadue, the Estate of by and Through Its Personal Representative Carmen Aguilar, Plaintiff-Appellee/cross-Appellant, and Carmen Aguilar Trentadue, Individually and as Personal Representative for the Estate of Kenneth Michael Trentadue and Guardian Ad Litem for Vito Miguel Trentadue Wilma Lou Trentadue Jesse James Trentadue Donna Trentadue Sweeney Lee Frederick Trentadue Jesse Carl Trentadue v. United States of America Department of Justice Federal Bureau of Prisons Federal Bureau of Investigation, Stuart Lee, Defendant-Appellant/cross-Appellee, Kenneth Freeman, Defendant-Cross-Appellee. United States of America, Amicus Curiae. Kenneth Michael Trentadue, the Estate of by and Through Its Personal Representative Carmen Aguilar Carmen Aguilar Trentadue, Individually and as Personal Representative for the Estate of Kenneth Michael Trentadue and Guardian Ad Litem for Vito Miguel Trentadue Wilma Lou Trentadue Jesse James Trentadue Donna Trentadue Sweeney Lee Frederick Trentadue Jesse Carl Trentadue, Plaintiffs-Appellees/cross-Appellants v. United States of America, Defendant-Appellant/cross-Appellee, and Department of Justice Federal Bureau of Prisons Federal Bureau of Investigation Stuart LeeCourt of Appeals for the Tenth Circuit · 2005
- Leonhard v. United StatesCourt of Appeals for the Second Circuit · 1980
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