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MURRAY v. U.S.

No. 99-1622.

215 F.3d 460 (2000)

Loretta Jones MURRAY, Executrix and Personal Representative of the Estate of Weston Murray, Deceased, Plaintiff-Appellee, v. UNITED STATES of America, Defendant-Appellant, Mary Immaculate Hospital, Movant.

United States Court of Appeals, Fourth Circuit.

Decided June 21, 2000.

Attorney(s) appearing for the Case

ARGUED: Anita Kay Henry, Assistant United States Attorney, United States Attorney's Office, Norfolk, Virginia, for Appellant. Larry W. Shelton, Shelton & Malone, P.C., Norfolk, Virginia, for Appellee. ON BRIEF: Helen F. Fahey, United States Attorney, United States Attorney's Office, Norfolk, Virginia, for Appellant.

Before NIEMEYER, Circuit Judge, MINER, Senior Circuit Judge of the United States Court of Appeals for the Second Circuit, sitting by designation and GOODWIN, United States District Judge for the Southern District of West Virginia, sitting by designation.

Reversed and remanded by published opinion. Judge GOODWIN wrote the opinion, in which Judge NIEMEYER and Senior Judge MINER joined.

OPINION

GOODWIN, District Judge:

This wrongful death action arises from the negligent medical services provided by Dr. James Hendricks, an agent of the McDonald Army Community Hospital, to Weston Murray, the plaintiff's deceased husband. The issue on appeal is whether the district court, in reaching a verdict for the...

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