STARNES v. U.S.

No. 97-50609.

139 F.3d 540 (1998)

Larry B. STARNES and Linda Starnes, Individually and as Representatives of the Estate of Kimberly Starnes, Deceased, Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

May 5, 1998.


Attorney(s) appearing for the Case

Suzette S. Kinder, John Philip Watkins, San Antonio, TX, for Plaintiffs-Appellants.

Elaine Marzetta Lacy, U.S. Dept. of Justice, Civ. Div., Washington, DC, James William Jennings, Jr., Asst. U.S. Atty., San Antonio, TX, for Defendant-Appellee.

Before REAVLEY, DeMOSS and PARKER, Circuit Judges.


ROBERT M. PARKER, Circuit Judge:

Larry and Linda Starnes appeal the decision of the district court granting Defendant-Appellee United States of America summary judgment. Finding error, we reverse and remand.

BACKGROUND

Larry and Linda Starnes are the natural parents and representatives of the estate of their deceased daughter, Kimberly. A few days before Christmas in 1992, Kimberly was hospitalized at Santa Rosa Children's Hospital (hereinafter ...

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