Legal Opinion
Richard Rise, Ind., Etc. v. United States of America, Defendant-Third Party v. Floyd R. Cooper and South Fulton Hospital, Third-Party
Court of Appeals for the Third Circuit
Decided November 19, 1980No. 78-1082PublishedCited by 80 opinions
1Opinion of the Court
TJOFLAT, Circuit Judge:
This Federal Tort Claims Act case stems from the death of Johanna Rise on May 23, 1973. The district court granted summary judgment in favor of her surviving spouse, Richard Rise, and the Government appealed. Because we think the district judge inappropriately resolved certain factual issues on the motion for summary judgment, we reverse and remand the case for a trial on the merits.
I
The facts relevant to this case are simple. In late 1972, following a series of fainting spells, Mrs. Rise sought medical treatment. As the wife of a retired Army officer she was entitled…
2Cases cited9 opinions
- Dalehite v. United StatesSupreme Court of the United States · 1953
- Bernard E. Keiser v. Coliseum Properties, Inc., A. Don Fleck v. Auditing Services, Inc., H. G. Lortscher v. Auditing Services, Inc.Court of Appeals for the Fifth Circuit · 1980
- Joe P. Farina v. Mission Investment TrustCourt of Appeals for the Fifth Circuit · 1980
- Hilario Molinar v. United StatesCourt of Appeals for the Fifth Circuit · 1975
- Kenney v. Piedmont HospitalCourt of Appeals of Georgia · 1975
4 more not listed; retrieve them via the Exa API.
3Cited by80 opinions
- Melissa Johnson, an Infant by Barbara Johnson, Her Mother and Natural Guardian and Barbara Johnson, Individually v. United StatesCourt of Appeals for the Second Circuit · 1986
- Frances J. Bush, as Surviving Spouse and Personal Representative of the Estate of Walton R. Bush, Deceased v. United StatesCourt of Appeals for the Eleventh Circuit · 1983
- Life Partners Inc. v. United StatesCourt of Appeals for the Fifth Circuit · 2011
- Alton J. Houston, Cross-Appellant v. United States Postal Service, Cross-AppelleesCourt of Appeals for the Fifth Circuit · 1987
- Darrell W. McAfee v. 5th Circuit JudgesCourt of Appeals for the Fifth Circuit · 1989
75 more not listed; retrieve them via the Exa API.