1. Home
  2. Browse Decisions
  3. F.2d
  4. 438 F.2d
  5. 438 F.2d 222 (1971)
 

TOAL v. UNITED STATES

No. 253, Docket 34535.

438 F.2d 222 (1971)

James F. TOAL, Plaintiff-Appellee, v. UNITED STATES of America, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided February 10, 1971.

Attorney(s) appearing for the Case

Morton Hollander, Washington, D. C. (William D. Ruckelshaus, Asst. Atty. Gen., Stewart H. Jones, U. S. Atty. Conn., Robert V. Zener, and Donald L. Horowitz, Dept. of Justice, Washington, D. C., on the brief), for defendant-appellant.

Alfred S. Julien, New York City (Helen B. Stroller, New York City, on the brief), for plaintiff-appellee.

Before FRIENDLY, SMITH and ANDERSON, Circuit Judges.

ANDERSON, Circuit Judge:

This appeal concerns the single issue of whether or not plaintiff's medical malpractice claim under the Federal Tort Claims Act, 28 U.S.C. § 1346(b) was barred by the two-year limitations period specified for such actions in 28 U.S. C. § 2401(b). The district court held that the action was timely commenced. We affirm.

The facts present an extraordinary compounding of mishaps. In 1951 plaintiff Toal underwent spinal surgery...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases