(Download) "Smart v. Villar" by United States Court of Appeals for the Tenth Circuit * Book PDF Kindle ePub Free
eBook details
- Title: Smart v. Villar
- Author : United States Court of Appeals for the Tenth Circuit
- Release Date : January 30, 1976
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 50 KB
Description
Plaintiff sought to recover damages in the district court for the District of Colorado in this diversity action for medical malpractice by defendant. At the time of the alleged malpractice, defendant was a military physician stationed at the United States Air Force Hospital in Lakenheath, England, and plaintiff was the dependent spouse of an air force captain. Plaintiff alleged that defendant, a specialist in obstetrics and gynecology, negligently treated her for conditions relating to her pregnancy. The district court dismissed plaintiffs suit, holding that defendant as a federal official is immune from a suit such as this arising out of actions taken within the scope of his official employment. For purposes of this appeal we assume defendant was acting within the scope of his employment as a military physician.