Cibula Ex Rel. J.A.C. v. United States

Affirmed in part, reversed in part, and remanded by published opinion. Judge MOTZ wrote the opinion, in which Judge GREGORY and Judge DUNCAN joined.

OPINION

DIANA GRIBBON MOTZ, Circuit Judge:

This Federal Tort Claims Act (“FTCA”) case returns to us after remand to the district court. See Cibula v. United States, 551 F.3d 316, 317 (4th Cir.2009) (Cibula I).

The FTCA waives the federal Government’s sovereign immunity in tort actions, making the United States liable “in the same manner and to the same extent as a private individual under like circum stances.” 28 U.S.C. § 2674. Courts determine the…