Cibula v. United States

Reversed and remanded by published opinion. Judge GREGORY wrote the opinion, in which Judge MOTZ and Judge DUNCAN joined.

GREGORY, Circuit Judge:

The United States of America appeals the district court’s decision not to place damages for future medical expenses, awarded in a Federal Tort Claims Act (“FTCA”) action, into a reversionary trust. We find that the district court erred in applying Virginia law to this question. Therefore, we reverse the decision and remand the case to the district court for a proper application of California law.

I

Appellees are Andrew Cibula, a Commander in the U.S.…