Liebsack Ex Rel. Liebsack v. United States

MEMORANDUM

In this Federal Tort Claims Act (“FTCA”) action, the Estate of Madlyn Liebsack (“Liebsack”) appeals the district court’s finding, after a bench trial, that the United States was only 15% liable for Madlyn’s injuries. That liability finding is addressed — and reversed — in a concurrently filed opinion. In this memorandum, we address Liebsack’s contentions — and the government’s cross-appeal — regarding the district court’s damages award because these issues may arise on retrial. “Dam ages must be proved with reasonable certainty[, and t]he party seeking damages must provide a reasonable basis for computing the award.” Power Constructors, Inc. v. Taylor & Hintze, 960 P.2d 20, 41 (Alaska 1998) (citations omitted). “[A] trial court’s finding [is] clearly erroneous when, after reviewing the entire evidence, we are left with the definite and firm conviction that a mistake has been committed.” Shaw v. United States, 741 F.2d 1202, 1205 (9th Cir.1984) (internal quotation marks omitted).

1. In assessing past medical expenses, the district court awarded all amounts paid by Medicare or Medicaid, but it did not award the amounts that had been “written off’ by her healthcare…