Legal Opinion

Aguilar v. United States

Court of Appeals for the Ninth Circuit

Decided December 11, 1990No. 89-16018PublishedCited by 22 opinions

1Opinion of the Court

TANG, Circuit Judge:

John Aguilar sued the United States under the Federal Tort Claims Act (“FTCA”), 28 U.S.C. §§ 1346(b), 2674, for personal injuries he suffered from the alleged negligence of a federal employee. The district court granted partial summary judgment for the government, holding that the FTCA incorporates a Nevada state law cap on damages, limiting the government’s potential liability. Aguilar appealed upon certification and the grant of an interlocutory appeal. We affirm.

I. FACTUAL AND PROCEDURAL BACKGROUND

On October 31, 1986, the tractor-trailer rig Aguilar was driving broke…

2Cases cited9 opinions

  1. Richards v. United StatesSupreme Court of the United States · 1962
  2. United States v. MunizSupreme Court of the United States · 1963
  3. Fu-Kong Tzung Jean Tzung v. State Farm Fire and Casualty Company, and Does 1 Through 100, InclusiveCourt of Appeals for the Ninth Circuit · 1989
  4. Association of Westinghouse Salaried Employees v. Westinghouse Electric Corp.Supreme Court of the United States · 1955
  5. Clara Louie, Representative for Wayne Louie, Deceased v. United StatesCourt of Appeals for the Ninth Circuit · 1985

4 more not listed; retrieve them via the Exa API.

3Cited by22 opinions

  1. United States v. OlsonSupreme Court of the United States · 2005
  2. Karen Jutzi-Johnson, as Administrator of the Estate of Robert Johnson, Deceased v. United StatesCourt of Appeals for the Seventh Circuit · 2001
  3. Albert Montes v. United StatesCourt of Appeals for the Ninth Circuit · 1994
  4. Kevin HINES; Cathy Zampa, as Guardian Ad Litem for Stephanie Hines, Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-AppelleeCourt of Appeals for the Ninth Circuit · 1995
  5. Stuart v. United StatesCourt of Appeals for the Ninth Circuit · 1994

17 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API