Opinion · Court of Appeals for the Ninth Circuit
Jack D. Tirrill v. Joseph J. McNamara
451 F.2d 579
- Type
- Opinion
- Court
- Court of Appeals for the Ninth Circuit
- Jurisdiction
- Federal
- Date
- 1971-12-03
- Topic
- general
PER CURIAM: The District Court dismissed Tirrill’s complaint, seeking recovery for alleged medical malpractice, and this appeal followed. We affirm. Our court has consistently held that an army physician is immunized from tort liability to a fellow soldier when the alleged act of malpractice occurred in a military hospital and was committed by the physician in the line of his military duty. E. g., Bailey v. Van Buskirk, 345 F.2d 298 (9th Cir. 1965), cert. denied, 383 U.S. 948, 86 S.Ct. 1205, 16 L.Ed.2d 210 (1966).
Citator
UpLaw has not yet analyzed Jack D. Tirrill v. Joseph J. McNamara. The absence of a flag is not a finding that it is good law.
- Cited by
- 17 opinions
TIRRILL v. McNAMARA,451 F.2d 579(9th Cir. 1971)
JACK D. TIRRILL, APPELLANT, v. JOSEPH J. McNAMARA, APPELLEE.
No. 71-1024.
United States Court of Appeals, Ninth Circuit.
December 3, 1971.
Sidney I. Lezak, U.S. Atty., Portland, Or., Morton Hollander, Dept. of Justice, Washington, D.C., Michael L. Morehouse, Asst. U.S. Atty., Portland, Or., for appellee.
Before HAMLEY, ELY, and KILKENNY, Circuit Judges.
[2] Our court has consistently held that an army physician is immunized from tort liability to a fellow soldier when the alleged act of malpractice occurred in a military hospital and was committed by the physician in the line of his military duty.E. g.,Bailey v. Van Buskirk,345 F.2d 298(9th Cir. 1965),cert. denied,383 U.S. 948, 86 S.Ct. 1205, 16 L.Ed.2d 210 (1966).See alsoFeres v. United States,340 U.S. 135, 71 S.Ct. 153, 95 L.Ed. 152 (1950); Mattos v. United States,412 F.2d 793(9th Cir. 1969); Bailey v. DeQuevedo,375 F.2d 72(3d Cir.),cert. denied,389 U.S. 923, 88 S.Ct. 247, 19 L.Ed.2d 274 (1967).
[3] Affirmed.Page 589