Melba Pike, as and Personal Representative of the Estate of Donald Roy Zebarth, Deceased v. United States

CHOY, Circuit Judge:

This is an appeal from a judgment against the government in a suit brought under the Federal Tort Claims Act. 28 U.S.C. §§ 2671 — 2680. The government does not appeal from the finding of liability, but does contend that the damages assessed were improper. We affirm in part and reverse in part.

In 1964, Donald ZeBarth was rendered a paraplegic due to improper medical care in a private hospital. ZeBarth was never able to work after his injury. Because he was in the Coast Guard when the injury occurred, he received Veterans Administration benefits thereafter, including free…