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CIBULA v. U.S.

No. 10-1245.

664 F.3d 428 (2012)

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 9, 2012.

Attorney(s) appearing for the Case

ARGUED: William George Cole , United States Department of Justice, Washington, D.C., for Appellant. Bruce Jay Klores , Klores Perry Mitchell, PC, Washington, D.C., for Appellees. ON BRIEF: Tony West , Assistant Attorney General, William Kanter , United States Department of Justice, Washington, D.C.; Neil H. MacBride , United States Attorney, Alexandria, Virginia, for Appellant. Thomas W. Mitchell , Bruce J. Klores & Associates, P.C., Washington, D.C., for Appellees.

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

OPINION

DIANA GRIBBON MOTZ, Circuit Judge:

This Federal Tort Claims Act ("FTCA") case returns to us after remand to the district court. See Cibula v. United States, 551 F.3d 316, 317 (4th Cir.2009) (Cibula I).

The FTCA waives the federal Government's sovereign immunity in tort actions, making the United States liable "in the same manner and to the same extent as a private individual under like circumstances...

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