John Mantiply v. United States

JAMES E. GRAVES, JR., Circuit Judge: *

John Mantiply and Melissa Sue Manti-ply, individually and on behalf of their son, Casey Adam Mantiply (the “Plaintiffs”), sued the U.S. Department of Veterans Affairs (the “VA” or “Defendant”) under the Federal Toft Claims Act (“FTCA”), 28 U.S.C. § 1346(b). The district court determined that the operating surgeon was an employee of the Defendant for purposes of liability and awarded damages and costs to the Plaintiffs. For the following reasons, we REVERSE and RENDER JUDGMENT in favor of the Defendant,

FACTS AND PROCEDURAL HISTORY

The Plaintiffs’ action…