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FRANKEL v. HEYM

Nos. 71-1349 to 71-1352.

466 F.2d 1226 (1972)

Alvin H. FRANKEL, Guardian of the Estate of Marilyn Heym, an incompetent v. Mary HEYM v. UNITED STATES of America (Third-Party Defendant). Alvin H. Frankel, Guardian of the Estate of Marilyn Heym, an incompetent and Herbert Heym, Appellants in No. 71-1349. Alvin H. FRANKEL, Guardian of the Estate of Marilyn Heym, an incompetent, v. Mary HEYM v. UNITED STATES of America, (Third-Party Defendant), Appellant in No. 71-1350. Alvin H. FRANKEL, Guardian of the Estate of Marilyn Heym, an incompetent, and Herbert Heym, Appellants in No. 71-1351, and Mary Heym, his wife v. UNITED STATES of America and Mary Heym (Defendant in Counterclaim). Alvin H. FRANKEL, Guardian of the Estate of Marilyn Heym, an incompetent, and Herbert Heym and Mary Heym, his wife v. UNITED STATES of America, Appellant in No. 71-1352, and Mary Heym (Defendant in Counterclaim).

United States Court of Appeals, Third Circuit.

Decided July 18, 1972.

Attorney(s) appearing for the Case

Marvin I. Lessin, Manchel, Lundy, Lessin, Finkel, Rabelow & Braverman, Philadelphia, Pa., for Alvin H. Frankel.

Leonard Schaitman, Dept. of Justice, Civ.Div., Washington, D. C., for United States.

Before HASTIE, VAN DUSEN and ALDISERT, Circuit Judges.

OPINION OF THE COURT

HASTIE, Circuit Judge.

Marilyn Heym suffered almost totally disabling permanent injuries in a collision between an automobile in which she was riding and an army vehicle. Injuries included brain damage that has left her psychotic and with the mentality of a five year old child. Her guardian and her father, suing in the district court under the Federal Tort Claims Act, have been awarded damages aggregating more than $1,100,000. On this...

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