Legal Opinion

Hernandez v. United States

District Court, D. Kansas

Decided February 14, 1979No. 75-50-C5PublishedCited by 6 opinions

1Opinion of the Court

MEMORANDUM AND ORDER

ROGERS, District Judge.

This is a Federal Tort Claims Act case brought pursuant to 28 U.S.C. §§ 1346 and 2671 et seq. Plaintiff alleges that he was subjected to unconsented surgery at the Veterans Administration Hospital in Topeka, Kansas. The surgery was minor in nature, consisting of the removal of a small mass from plaintiff’s left breast. Plaintiff’s original complaint alleged that the defendant’s agents were “guilty of professional negligence, assault, battery and trespass against the person of the claimant.” As noted, plaintiff does not complain of the manner in which…

2Cases cited18 opinions

  1. Link v. Wabash RailroadSupreme Court of the United States · 1962
  2. Mustang Fuel Corporation, a Corporation v. Youngstown Sheet and Tube Company, an Ohio CorporationCourt of Appeals for the Tenth Circuit · 1975
  3. Natanson v. KlineSupreme Court of Kansas · 1960
  4. Gray F. Madison, Sr., and Elizabeth B. Madison, Husband and Wife, Plaintiffs v. Deseret Livestock Company, a Utah CorporationCourt of Appeals for the Tenth Circuit · 1978
  5. United States of America v. Cyril T. Faneca, Jr.Court of Appeals for the Fifth Circuit · 1964

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3Cited by6 opinions

  1. Merrill v. Abbott (In Re Independent Clearing House Co.)United States Bankruptcy Court, D. Utah · 1984
  2. Mrs. Verdie Mae Franklin Verdie Mae Franklin, Administratrix of the Estate of Lonnie B. Franklin v. United StatesCourt of Appeals for the Tenth Circuit · 1993
  3. Walter Lojuk v. Marjorie Quandt, Director of the Veterans Administration HospitalCourt of Appeals for the Seventh Circuit · 1983
  4. Karen Woods and Gary Woods v. United States of America, Department of the Army, Letterman Army Medical CenterCourt of Appeals for the Ninth Circuit · 1983
  5. Bosco v. U.S. Army Corps of EngineersDistrict Court, N.D. Texas · 1985

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