Legal Opinion

Jean H. Pelphrey v. United States

Court of Appeals for the Fourth Circuit

Decided March 22, 1982No. 81-1503PublishedCited by 20 opinions

1Opinion of the Court

ERVIN, Circuit Judge:

Jean H. Pelphrey brought this action against the United States under the Federal Torts Claim Act (FTCA), 28 U.S.C. §§ 1346(b), 2671 et seq. and 10 U.S.C. § 1089, for damages arising from a radical mastectomy performed at the Navy Regional Medical Center in the Philippines. Her claim for damages was predicated on both the alleged wrongful acts of the surgeon, which occurred in the Philippines, and the alleged wrongful acts of the Navy, which occurred in the United States.

The district court granted the government’s motion to dismiss the claims arising from actions in the…

2Cases cited9 opinions

  1. First Nat. Bank of Ariz. v. Cities Service Co.Supreme Court of the United States · 1968
  2. Sartor v. Arkansas Natural Gas Corp.Supreme Court of the United States · 1944
  3. Dayton Power & Light Co. v. Public Utilities CommissionSupreme Court of the United States · 1934
  4. Sheila M. Jackson v. Paul A. KellyCourt of Appeals for the Tenth Circuit · 1977
  5. Sonnentheil v. Christian Moerlein Brewing Co.Supreme Court of the United States · 1899

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3Cited by20 opinions

  1. United States v. DonovanCourt of Appeals for the Third Circuit · 2011
  2. Barry Doe v. David MeronCourt of Appeals for the Fourth Circuit · 2019
  3. Mildred M. Newman, and Melvin D. Newman v. Peter Soballe, M.D.Court of Appeals for the Eleventh Circuit · 1989
  4. Heller v. United StatesCourt of Appeals for the Third Circuit · 1985
  5. Estate of Thomas v. Fayette CountyDistrict Court, W.D. Pennsylvania · 2016

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