Opinion · Court of Appeals for the Fourth Circuit

Luther W. White, Iii, Administrator C.T.A. Of the Estate of Donald E. Meeks v. United States

359 F.2d 989

Type
Opinion
Court
Court of Appeals for the Fourth Circuit
Jurisdiction
Federal
Date
1966-04-13
Topic
general

How later courts describe this case

  • last suicidal “gesture” occurred fourteen years before actual suicide; the Fourth Circuit held that the finding of non-negligence, while “highly debatable,” was not reversible

Citator

UpLaw has not yet analyzed Luther W. White, Iii, Administrator C.T.A. Of the Estate of Donald E. Meeks v. United States. The absence of a flag is not a finding that it is good law.

Cited by
13 opinions
WHITE v. UNITED STATES,359 F.2d 989(4th Cir. 1966)
Luther W. WHITE, III, Administrator c.t.a. of the Estate of Donald E.
Meeks, Appellant, v. UNITED STATES of America, Appellee.
No. 10310.
United States Court of Appeals, Fourth Circuit.
Argued April 6, 1966.
Decided April 13, 1966.
George H. Gray, Norfolk, Va. (Outland Gray, Norfolk, Va., on brief), for appellant.

James A. Oast, Jr., Asst. U.S. Atty. (C.V. Spratley, Jr., U.S. Atty., on brief), for appellee.
Before HAYNSWORTH, Chief Judge, and BRYAN and J. SPENCER BELL, Circuit Judges.
PER CURIAM:
This case was here once before after the entry of summary judgment for the defendant. White v. United States, 4 Cir.,317 F.2d 13. We vacated the summary judgment and remanded the case for trial on the issue of negligence. Thereafter, a full plenary hearing was had and evidence, including the testimony of expert witnesses, was introduced by both parties. Thereafter, the District Court made findings of fact and conclusions of law, and, upon their basis, it again entered judgment for the defendant.

We accept the District Court's findings of fact as not being clearly erroneous, and, on the basis those findings provide, its ultimate conclusion that there was no negligence in the care and treatment of Meeks.

While the issue would be highly debatable if before us de novo, we find no reversible error in the record.

Affirmed.Page 990Page 70