Barbara Gibson v. United States

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS DEC 28 2021

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

BARBARA A. GIBSON, as Personal No. 20-35333 Representative of the Estate of Johnny G. Gibson, and for herself; et al., D.C. No. 4:18-cv-00112-BMM

Plaintiffs-Appellants,

MEMORANDUM*

v.

UNITED STATES OF AMERICA,

Defendant-Appellee.

Appeal from the United States District Court for the District of Montana Brian M. Morris, District Judge, Presiding

Argued and Submitted March 5, 2021 Submission Vacated June 22, 2021 Resubmitted December 27, 2021 Portland, Oregon

Before: BOGGS,** PAEZ, and WATFORD, Circuit Judges.

The estate of Johnny Gibson and his surviving relatives—his wife, Barbara,

and his two adult children, Dixie Lee and John Travis—appeal from the district

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The Honorable Danny J. Boggs, United States Circuit Judge for the U.S. Court of Appeals for the Sixth Circuit, sitting by designation. court’s denial of damages for medical…