Campbell v. United States

ORDER DENYING MOTION TO DISMISS OR LIMIT AWARD

SAMUEL P. KING, Chief Judge.

This motion arises from the above-captioned suit for medical malpractice against the United States. A Motion for Summary Judgment on liability was granted in plaintiffs’ favor by Judge Battin on April 30, 1981. All that remains, beyond this motion, for the Court to decide is the amount of damages to be awarded plaintiffs.

On the eve of trial in December 1981, the government filed the present motion, challenging the Court’s subject-matter jurisdiction under the Federal Tort Claims Act (“FTCA”), 28 U.S.C. § 2671 et seq.,…