Meghan Corinne Jablonski, a Minor, by Her Guardian Ad Litem, Isobel C. Pahls v. United States

Meghan Jablonski (Meghan), a minor, brought suit under the Federal Tort Claims Act, 28 U.S.C. §§ 1346 (b) & 2671-80 (the Act), for the wrongful death of her mother, Melinda Kimball. Kimball was murdered by the man she was living with, Phillip Jablonski. Meghan charged that psychiatrists at the Loma Linda Veterans Administration Hospital (the hospital) committed malpractice proximately resulting in her mother’s death. The case was tried before the district judge who decided in favor of Meghan.

On appeal, the government first claims that Meghan’s suit is barred by subsection 2680(h) of the Act because the suit arose out of an assault and battery. 28 U.S.C. § 2680 (h). Second, it argues that the suit is barred under subsection 2680(a) of the Act because the claims arose out of the performance by federal employees of discre tionary functions. Id. § 2680(a). Finally, the government contends that, under California law, no duty was owed to Meghan, that Kimball was not a foreseeable victim of Jablonski’s violent tendencies, and that the alleged negligence was not the proximate cause of Kimball’s death. We reject all of the government’s contentions and affirm the judgment of the district…