WAITS v. UNITED STATES

No. 78-1294.

611 F.2d 550 (1980)

James L. WAITS, Plaintiff-Appellee, v. UNITED STATES of America, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied April 18, 1980.


Attorney(s) appearing for the Case

Robert E. Hauberg, U. S. Atty., Joseph E. Brown, Jr., Asst. U. S. Atty., Jackson, Miss., for defendant-appellant.

George F. Bloss, III, Gulfport, Miss., Bobby G. O'Barr, Biloxi, Miss., Boyce Holleman, Gulfport, Miss., for plaintiff-appellee.

Before MORGAN, REAVLEY and HATCHETT, Circuit Judges.


LEWIS R. MORGAN, Circuit Judge:

James Waits brought this medical malpractice action against the United States under 28 U.S.C. § 2671 et seq., for damages resulting from the negligence of the personnel of the Veterans' Administration Hospital in New Orleans, Louisiana. The District Court for the Southern District of Mississippi entered judgment for Waits, awarding damages of $266,823.36, and the United States appealed. The principal contention urged by the government...

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