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GUILE v. U.S.

No. 04-50691.

422 F.3d 221 (2005)

Bradley GUILE, Individually and as representative of the Estate of Emiko Guile and all her wrongful death beneficiaries, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee. Bradley Guile, Individually and as representative of the Estate of Emiko Guile and all her wrongful death beneficiaries, Plaintiff-Appellant-Cross-Appellee, v. United States of America, et al., Defendants, United States of America, Defendant-Appellee, Cristina Cruz, MD, Defendant-Appellee-Cross-Appellant.

United States Court of Appeals, Fifth Circuit.

August 17, 2005.

Attorney(s) appearing for the Case

Walter L. Boyaki (argued), John Gregory Mundie (argued), Miranda & Boyaki, El Paso, TX, for Bradley Guile.

Clayton R. Diedrichs (argued), San Antonio, TX, David K. Dalition, El Paso, TX, for Plaintiff-Appellee.

John Joseph Grost, III (argued), El Paso, TX, for Christina Cruz.

Before GARWOOD, SMITH and CLEMENT, Circuit Judges.

GARWOOD, Circuit Judge:

Plaintiff Bradley Guile (Guile) appeals the district court's dismissal of his claims against the United States under the Federal Tort Claims Act (FTCA) and the court's granting of defendant Cristina Cruz's motion for judgment as a matter of law regarding liability for the death of Guile's wife. We affirm.

Facts and Proceedings Below

Guile's wife, Emiko Guile, was admitted on May 12, 1998 to an inpatient psychiatric ward for...

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