STOKES v. UNITED STATES

No. 71-1101.

444 F.2d 69 (1971)

Terry Lynn STOKES, by her guardian ad litem, C. W. Everett, Jr., Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided June 22, 1971.


Attorney(s) appearing for the Case

Laurence S. Graham, Greenville, N. C., for appellant.

John R. Whitty, Asst. U. S. Atty. (Warren H. Coolidge, U. S. Atty., E. D. of North Carolina, on brief), for appellee.

Before WINTER, BUTZNER, and RUSSELL, Circuit Judges.


BUTZNER, Circuit Judge.

This appeal raises the question whether a child struck by a post office truck can sue under the Federal Tort Claims Act to recover damages for pain and suffering after the government has reimbursed her parents for medical expenses. The district court held that the child's complaint failed to state a claim against the government and dismissed the action. We reverse.

The complaint alleges that a truck operated by an employee of the Post...

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