Joyce Atkinson v. United States

NELSON, Circuit Judge:

Plaintiff-appellant Joyce Atkinson appeals from the district court’s grant of summary judgment to the defendant-appellee United States. Atkinson argues that the court erred in finding the United States immune from liability under the Federal Tort Claims Act for malpractice incident to pre-natal care she received from military personnel. We have jurisdiction under 28 U.S.C. § 1291 (1982), and we reverse.

FACTUAL AND PROCEDURAL HISTORY

In March 1982, Joyce Atkinson was serving as a Specialist (4th Class) with the United States Army in Hawaii. On March 26, during the second…