Nancy Bernie v. United States

FAGG, Circuit Judge.

Nancy Bernie filed this medical malpractice action against the United States under the Federal Tort Claims Act (FTCA). The district court granted the government’s motion for summary judgment. On appeal, Bernie argues that Drs. Gilmore and Col-berg were federal employees for purposes of invoking FTCA liability and that factual questions were raised concerning Dr. Hinde’s negligence. We affirm the district court’s dismissal of all claims involving Gilmore and Colberg, but agree that in the claim involving Hinde, summary judgment was improper. We reverse and remand for…