Legal Opinion
James F. Toal v. United States
Court of Appeals for the Second Circuit
Decided February 10, 1971No. 34535_1PublishedCited by 58 opinions
1Opinion of the Court
ANDERSON, Circuit Judge:
This appeal concerns the single issue of whether or not plaintiff’s medical malpractice claim under the Federal Tort Claims Act, 28 U.S.C. § 1346(b) was barred by the two-year limitations period specified for such actions in 28 U.S. C. § 2401(b). The district court held that the action was timely commenced. We affirm.
The facts present an extraordinary compounding of mishaps. In 1951 plaintiff Toal underwent spinal surgery to remedy injuries incurred during his military service. Ten years later, while plaintiff was on vacation in Austria, his spinal condition worsened…
2Cases cited6 opinions
- Urie v. ThompsonSupreme Court of the United States · 1949
- Glus v. Brooklyn Eastern District TerminalSupreme Court of the United States · 1959
- Lee Quinton v. United StatesCourt of Appeals for the Fifth Circuit · 1962
- John M. Kossick v. United StatesCourt of Appeals for the Second Circuit · 1964
- Betty Jean Brown, a Minor, by Owen Walter Brown, Her Guardian Ad Litem, and Owen Walter Brown v. United StatesCourt of Appeals for the Ninth Circuit · 1965
1 more not listed; retrieve them via the Exa API.
3Cited by58 opinions
- United States v. KubrickSupreme Court of the United States · 1979
- Colbert v. Georgetown UniversityDistrict of Columbia Court of Appeals · 1994
- Dale R. Kichline v. Consolidated Rail CorporationCourt of Appeals for the Third Circuit · 1986
- Glynn Richard Davis v. United StatesCourt of Appeals for the Ninth Circuit · 1981
- Tyminski v. United StatesCourt of Appeals for the Third Circuit · 1973
53 more not listed; retrieve them via the Exa API.