CLARK v. UNITED STATES

No. 11727.

402 F.2d 950 (1968)

Margaret CLARK, Appellee, v. UNITED STATES of America, Appellant.

United States Court of Appeals Fourth Circuit.

Decided October 16, 1968.


Attorney(s) appearing for the Case

Robert C. McDiarmid, Atty., Dept. of Justice (Edwin L. Weisl, Jr., Asst. Atty. Gen., and John C. Eldridge, Atty., Dept. of Justice, and C. Vernon Spratley, Jr., U. S. Atty., on brief), for appellant.

John M. Hollis, Norfolk, Va., and Louis Ellenson, Newport News, Va. (Willcox, Savage, Lawrence, Dickson & Spindle, Norfolk, Va., and Ellenson & Fox, Newport News, Va., on brief), for appellee.

Before SOBELOFF, BOREMAN and CRAVEN, Circuit Judges.


CRAVEN, Circuit Judge:

This action was brought against the United States under the Federal Tort Claims Act, 28 U.S.C. § 1346, to recover damages for medical malpractice of Army doctors who treated the plaintiff, Mrs. Margaret Clark, in 1958 at Tripler Army Hospital, Honolulu, Hawaii. From the judgment of the district court entered in favor of the plaintiff, the United States appeals contending that the trial judge erred in failing to weigh independently the evidence...

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