Legal Opinion
Eugene Owen and Dora Owen, Individually and as Next Friend for Alicia Marie Owen, a Minor v. United States
Court of Appeals for the Fifth Circuit
Decided August 29, 1991No. 90-8195PublishedCited by 41 opinions
1Opinion of the Court
PATRICK E. HIGGINBOTHAM, Circuit Judge:
The United States appeals an order denying it the protections of Louisiana’s malpractice liability cap. We conclude that, although it has not contributed to a patient’s compensation fund, the United States is in “like circumstances” with private individuals who have contributed to the fund, and that the cap is valid under the Louisiana constitution.
I
Eugene and Dora Owen, individually and as next friends of their daughter Alicia Marie Owen, filed this action against the United States under the Federal Tort Claims Act to recover for the negligence of…
2Cases cited19 opinions
- Sherman Simon, Jr., Individually and as Next Friend of His Minor Children, Peter Darnell Simon and Keenan Simon, Etc. v. United StatesCourt of Appeals for the Fifth Circuit · 1990
- Donna Reilly, Etc. v. United StatesCourt of Appeals for the First Circuit · 1988
- Lucas v. United StatesTexas Supreme Court · 1988
- Sibley v. Bd. of Sup'rs of Louisiana State UniversitySupreme Court of Louisiana · 1985
- Richard Lucas v. United States of America, Richard Lucas, Cross-Appellees v. United States of America, Cross-AppellantCourt of Appeals for the Fifth Circuit · 1986
14 more not listed; retrieve them via the Exa API.
3Cited by41 opinions
- Hill v. Smithkline Beecham Corp.Court of Appeals for the Tenth Circuit · 2004
- Willoughby v. United States Ex Rel. United States Department of the ArmyCourt of Appeals for the Fifth Circuit · 2013
- Butler v. Flint Goodrich Hosp. of Dillard Univ.Supreme Court of Louisiana · 1992
- Beverly Haceesa, Individually, and First Financial Trust Company, as Conservator for Shenoel Haceesa, a Minor v. United StatesCourt of Appeals for the First Circuit · 2002
- Premo v. United StatesCourt of Appeals for the Sixth Circuit · 2010
36 more not listed; retrieve them via the Exa API.