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KERSTETTER v. U.S.

No. 94-2015.

57 F.3d 362 (1995)

Kenneth KERSTETTER; Pamela Kerstetter; Elizabeth Kerstetter, by and through her next friends and parents, Kenneth and Pamela Kerstetter, Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided June 7, 1995.

Attorney(s) appearing for the Case

ARGUED: Robert T. Hall, Hall, Markle, Sickles & Fudala, P.C., Fairfax, VA, for appellants. Lowell Vernon Sturgill, Jr., Civ. Div., U.S. Dept. of Justice, Washington, DC, for appellee.

ON BRIEF: Holly Parkhurst Lear, Hall, Markle, Sickles & Fudala, P.C., Fairfax, VA, for appellants. Frank W. Hunger, Asst. Atty. Gen., Helen F. Fahey, U.S. Atty., Robert S. Greenspan, Mark C. Niles, Civ. Div., U.S. Dept. of Justice, Washington, DC, for appellee.

Before WIDENER and LUTTIG, Circuit Judges, and PHILLIPS, Senior Circuit Judge.

Affirmed in part, reversed in part, and remanded by published opinion. Senior Judge PHILLIPS wrote the opinion, in which Judge WIDENER and Judge LUTTIG joined.

OPINION

PHILLIPS, Senior Circuit Judge:

Kenneth Kerstetter and Pamela Kerstetter, husband and wife, appeal the dismissal of their action brought pursuant to the Federal Tort Claims Act ("FTCA") wherein they sought recovery, on behalf of their minor child Elizabeth for the personal injuries...

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