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LUCAS v. UNITED STATES

Nos. 84-1296, 84-1437.

807 F.2d 414 (1986)

Richard LUCAS, et al., Plaintiffs-Appellees, v. UNITED STATES of America, Defendant-Appellant. Richard LUCAS, et al., Plaintiffs-Appellants Cross-Appellees, v. UNITED STATES of America, Defendant-Appellee Cross-Appellant.

United States Court of Appeals, Fifth Circuit.

December 24, 1986.

Attorney(s) appearing for the Case

Irene M. Solet, Sandra Simon, Civil Rights Div., Appellate Staff, Dept. of Justice, Washington, D.C., for defendant-appellant.

Walter L. Boyaki, El Paso, Tex., for plaintiffs-appellees.

Walter L. Boyaki, El Paso, Tex., for plaintiffs-appellants cross-appellees.

Irene M. Solet, Appellate Staff, Robert S. Greenspan, Dept. of Justice, Civil Div., Bruce G. Forrest, Washington, D.C., for defendant-appellee cross-appellant.

Before POLITZ, HIGGINBOTHAM, and JONES, Circuit Judges.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

Christopher Lucas was rendered a paraplegic in October 1980 by an injection negligently administered in an Army hospital. The United States concedes liability under the Federal Tort Claims Act, but argues that the awarded damages were excessive. We are persuaded that the nonmedical damages awarded exceeded the statutory limit of recovery against a hospital under Texas law and that this...

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