Legal Opinion

Barbara Davis, Cross-Appellants. v. The Hon. John Marsh, Jr., Secretary of the Army, Cross-Appellees

Court of Appeals for the Eleventh Circuit

Decided January 13, 1987No. 85-5947PublishedCited by 19 opinions

1Per curiam

This case involves a review of damages awarded by the district court under the Federal Tort Claims Act (“FTCA”), 28 U.S.C. §§ 1346(b), 2401(b), 2674, 2675(b) (1982), and Florida’s Wrongful Death Act, Fla.Stat. § 768.21 (1985). For the reasons that follow, we vacate the damages awarded by the district court and remand the case for proceedings not inconsistent with this opinion.

PROCEDURAL HISTORY

On Saturday, April 4, 1981, at 2:00 a.m., Joseph Mattheny, a civilian employee of the United States Army, was driving a 1976 pickup truck one mile south of Florida City, Florida. As a security guard,…

2Cases cited16 opinions

  1. Larry Bonner v. City of Prichard, AlabamaCourt of Appeals for the Eleventh Circuit · 1981
  2. Gary L. Adams v. United StatesCourt of Appeals for the Fifth Circuit · 1980
  3. Louise Drazan v. United StatesCourt of Appeals for the Seventh Circuit · 1985
  4. Best Bearings Co., an Illinois Corporation v. United StatesCourt of Appeals for the Seventh Circuit · 1972
  5. Solomon v. WarrenCourt of Appeals for the Fifth Circuit · 1976

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

3Cited by19 opinions

  1. Simmons v. CongerCourt of Appeals for the Eleventh Circuit · 1996
  2. Mrs. Verdie Mae Franklin Verdie Mae Franklin, Administratrix of the Estate of Lonnie B. Franklin v. United StatesCourt of Appeals for the Tenth Circuit · 1993
  3. Millennium Partners, L.P. v. Colmar Storage, LLCCourt of Appeals for the Eleventh Circuit · 2007
  4. Dewey Brown, as the Personal Representative of the Estate of Charlie Brown v. United StatesCourt of Appeals for the Eleventh Circuit · 1988
  5. Joseph E. Cole, Cross-Appellee v. United States of America, Cross-AppellantCourt of Appeals for the Eleventh Circuit · 1988

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

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