SULLIVAN v. U.S. DEPARTMENT OF NAVY

No. 02-57006.

365 F.3d 827 (2004)

Mary SULLIVAN, Plaintiff-Appellant, v. UNITED STATES DEPARTMENT OF the NAVY; Naval Medical Center; Does, 1 through 50, inclusive, Defendants, and United States of America, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed April 23, 2004.


Attorney(s) appearing for the Case

James McElroy, San Diego, CA, for the plaintiff-appellant.

Carol C. Lam, United States Attorney, Richard Tolles, United States Attorney's Office, San Diego, CA, for the defendant-appellee.

Before: NOONAN, THOMAS, and BEA, Circuit Judges.


NOONAN, Circuit Judge:

Mary Sullivan appeals the grant of summary judgment to the United States in this action under the Federal Tort Claims Act (the FTCA). The central question is whether the district court properly excluded the proffered testimony of the plaintiff's medical expert. We reverse the judgment of the district court and remand.

FACTS

We state the facts as presented by the party not moving for summary judgment, as follows:

On...

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