Richard Lucas v. United States of America, Richard Lucas, Cross-Appellees v. United States of America, Cross-Appellant

PATRICK E. HIGGINBOTHAM, Circuit Judge:

Christopher Lucas was rendered a paraplegic in October 1980 by an injection negligently administered in an Army hospital. The United States concedes liability under the Federal Tort Claims Act, but argues that the awarded damages were excessive. We are persuaded that the nonmedical damages awarded exceeded the statutory limit of recovery against a hospital under Texas law and that this cap is applicable. We reject the argument that the damage cap fails muster under the United States Constitution and certify to the Texas Supreme Court the question of its…