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CIBULA v. U.S.

No. 07-2127.

551 F.3d 316 (2009)

Andrew L. CIBULA, Individually, and as parent and next friend of his minor son J.A.C.; Jennifer L. Cibula, Individually, and as parent and next friend of her minor son J.A.C., Plaintiffs-Appellees, v. UNITED STATES of America, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: January 5, 2009.

Attorney(s) appearing for the Case

ARGUED: William George Cole, United States Department of Justice, Washington, D.C., for Appellant. Stuart Alan Raphael, Hunton & Williams, L.L.P., McLean, Virginia, for Appellees. ON BRIEF: Jeffrey S. Bucholtz, Acting Assistant Attorney General, Chuck Rosenberg, United States Attorney, William Kanter, United States Department of Justice, Washington, D.C., for Appellant. Bruce J. Klores, Thomas W. Mitchell, Bruce J. Klores & Associates, P.C., Washington, D.C.; Thomas J. Cawley, Hunton & Williams, L.L.P., McLean, Virginia; George P. Sibley, III, Hunton & Williams, L.L.P., Richmond, Virginia, for Appellees.

Reversed and remanded by published opinion. Judge GREGORY wrote the opinion, in which Judge MOTZ and Judge DUNCAN joined.

GREGORY, Circuit Judge:

The United States of America appeals the district court's decision not to place damages for future medical expenses, awarded in a Federal Tort Claims Act ("FTCA") action, into a reversionary trust. We find that the district court erred in applying Virginia law to this question. Therefore, we reverse the decision and remand the case to the district court for a proper application of California law.

I.

Appellees are Andrew Cibula...

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