Legal Opinion
Esposito v. United States
Court of Appeals for the Tenth Circuit
Decided May 26, 2004No. 03-3183PublishedCited by 93 opinions
1Opinion of the Court
EBEL, Circuit Judge.
INTRODUCTION
The deceased Raymond Elio Esposito, through his counsel, appeals from the district court’s order dismissing his complaint for wrongful death filed pursuant to the Federal Tort Claims Act, 28 U.S.C. §§ 1346(b), 2671-80 (FTCA). Mr. Esposi-to alleges that his death was the result of negligence by United States government employees. The district court dismissed the suit because Mr. Esposito is deceased and therefore lacks capacity to pursue an action for wrongful death. It further denied the plaintiffs motion to substitute Mr. Esposito’s surviving wife as…
2Cases cited18 opinions
- United States v. VonnSupreme Court of the United States · 2002
- Schiavone v. FortuneSupreme Court of the United States · 1986
- Advanced Magnetics, Inc. v. Bayfront Partners, Inc.Court of Appeals for the Second Circuit · 1997
- Maestas v. State of ColoradoCourt of Appeals for the Tenth Circuit · 2003
- Levinson v. DeupreeSupreme Court of the United States · 1953
13 more not listed; retrieve them via the Exa API.
3Cited by93 opinions
- Engle Cases 4432 Individual Tobacco v. Various Tobacco CompaniesCourt of Appeals for the Eleventh Circuit · 2014
- In Re Cooper Tire & Rubber Co.Court of Appeals for the Tenth Circuit · 2009
- Fund Liquidation Holdings LLC v. Bank of America Corp.Court of Appeals for the Second Circuit · 2021
- Jones v. Las Vegas Metropolitan Police DepartmentCourt of Appeals for the Ninth Circuit · 2017
- Bunn v. PerdueCourt of Appeals for the Tenth Circuit · 2020
88 more not listed; retrieve them via the Exa API.