Legal Opinion

Webb v. United States

District Court, W.D. Virginia

Decided November 3, 1998No. CIV.A. 97-0283-BPublishedCited by 7 opinions

1Opinion of the Court

OPINION AND ORDER

JONES, District Judge.

The question in this case is whether sexual battery on a patient by a government doctor falls within the scope of the doctor’s employment under the Federal Tort Claims Act. Applying Virginia employment law to the particular facts of this case, I find that the doctor was not acting within the scope of his employment.

7. Background.

On December 1, 1997, Edwina Webb filed a complaint against the United States in this court under the Federal Tort Claims Act, 28 U.S.C.A. §§ 2671-2680 (West 1994) (“FTCA”), and the Federally Supported Health Centers Assistance…

2Cases cited25 opinions

  1. Mitchell v. ForsythSupreme Court of the United States · 1985
  2. United States v. ShearerSupreme Court of the United States · 1985
  3. Westfall v. ErwinSupreme Court of the United States · 1988
  4. Williams v. United StatesSupreme Court of the United States · 1955
  5. Rosemary J. Martin v. Cavalier Hotel Corporation, and Daniel P. Batchelor, Rosemary J. Martin v. Cavalier Hotel Corporation Daniel P. BatchelorCourt of Appeals for the Fourth Circuit · 1995

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3Cited by7 opinions

  1. Thompson v. Town of Front RoyalDistrict Court, W.D. Virginia · 2000
  2. Chapman v. RahallDistrict Court, W.D. Virginia · 2005
  3. Lee v. United StatesDistrict Court, M.D. North Carolina · 2001
  4. Melendez-Colon v. United States, Department of the NavyDistrict Court, D. Puerto Rico · 1999
  5. Whedbee v. United StatesDistrict Court, M.D. North Carolina · 2005

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