Bowling v. United States
Bowling v. United States
Opinion of the Court
MEMORANDUM AND ORDER
This matter is before the Court on the motion of the third-party defendants to dismiss the third-party complaint of the United States against them.
This action was brought under the Federal Tort Claims Act, Title 28 U.S.C. Sections 1346, 2671 et seq. It is an action for medical malpractice. It appears from the complaint and from plaintiff’s answers to interrogatories that the decedent presented herself at Ireland Army Hospital at Fort Knox on September 28, 1974. She was vomiting large quantities of bright red blood. The decedent, a registered nurse, told the attending physicians of a prior aortic graft. After some tests were performed, decedent was transferred to Norton-Children’s Hospital in Louisville, where emergency vascular surgery was performed. Decedent was found to have a condition which ultimately caused necrosis of the colon and death. Decedent died January 1, 1975.
This action was filed against the United States on July 25, 1977. After receiving answers to interrogatories the United States was granted leave to assert a third-party complaint against two attending physicians and Norton-Children’s Hospital seeking contribution or indemnity pursuant to F.R.Civ.P. 14(a). Third-party defendants have moved for dismissal asserting that the third-party complaint fails to state a claim against them. F.R.Civ.P. 12(b).
Third-party defendants argue that they are outside the ambit of Rule 14(a) in that they cannot be liable to the United States for all or part of plaintiff’s claim against it. At common law this argument would have merit. However, KRS 412.030 abrogates the common law rule. That statute pro
Reference
- Full Case Name
- John L. BOWLING, Administrator of the Estate of Elizabeth Porter Bowling, and Individually v. United States v. Dr. Gerald TEMES, Dr. Calvin E. Jones, Norton-Children's Hospital
- Status
- Published