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FRANKLIN v. U.S.

No. 92-6056.

992 F.2d 1492 (1993)

Mrs. Verdie Mae FRANKLIN; Verdie Mae Franklin, Administratrix of the Estate of Lonnie B. Franklin, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

May 5, 1993.

Attorney(s) appearing for the Case

Michael T. Braswell, of Braswell & Adjei, Oklahoma City, OK, for plaintiff-appellant.

Timothy D. Leonard, U.S. Atty., Ronny D. Pyle, Asst. U.S. Atty., Oklahoma City, OK, for defendant-appellee.

Before McKAY, Chief Judge, HOLLOWAY, and BARRETT, Circuit Judges.

BARRETT, Senior Circuit Judge.

This appeal1 presents two somewhat thorny issues relating to the remedial scope and application of the Federal Tort Claims Act (FTCA), 28 U.S.C. §§ 1346(b), 2671-2680. Initially, we hold that the FTCA's intentional tort exclusion bars a claim for damages based on the unauthorized performance of surgery. We then conclude, however, that the operation of that exclusion is nullified in the present context...

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