Legal Opinion
Joanne Bembenista v. United States
Court of Appeals for the D.C. Circuit
Decided January 31, 1989No. 88-5091PublishedCited by 49 opinions
1Opinion of the Court
Opinion for the Court filed by Circuit Judge MIKVA.
MIKVA, Circuit Judge:
This case requires us to decide the scope of governmental liability under the Federal Tort Claims Act, 28 U.S.C. §§ 1346(b), 2671-80 (“FTCA”), for a breach of the duty of protective care owed to a hospital patient. Following Sheridan v. United States, — U.S.-, 108 S.Ct. 2449, 101 L.Ed.2d 352 (1988), we find that section 2680(h) of the FTCA, the assault and battery exception, does not bar suit for such a breach, and we reverse the decision of the district court. We also affirm the district court’s dismissal of a medical…
2Cases cited26 opinions
- Christianson v. Colt Industries Operating Corp.Supreme Court of the United States · 1988
- United States v. HohriSupreme Court of the United States · 1987
- United States v. ShearerSupreme Court of the United States · 1985
- Jane Doe v. United States Department of JusticeCourt of Appeals for the D.C. Circuit · 1985
- Jerry W. Canterbury v. William Thornton Spence and the Washington Hospital Center, a Body CorporateCourt of Appeals for the D.C. Circuit · 1972
21 more not listed; retrieve them via the Exa API.
3Cited by49 opinions
- 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
- Bodin v. United StatesCourt of Appeals for the Fifth Circuit · 2006
- Leleux v. United StatesCourt of Appeals for the Fifth Circuit · 1999
- Burchfield v. United StatesCourt of Appeals for the Eleventh Circuit · 1999
- Edmonds v. United StatesDistrict Court, District of Columbia · 2006
44 more not listed; retrieve them via the Exa API.