Johnson v. United States

930 F.2d 27 Unpublished Disposition NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Michael T. JOHNSON, an Incompetent, by Co-Conservators Robert Royal JOHNSON and Veronica M. Johnson, Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-Appellee. No. 89-55154. United States Court of Appeals, Ninth Circuit. Argued and Submitted May 22, 1990. Decided March 26, 1991. Before FERGUSON, BEEZER and LEAVY, Circuit Judges. 1 MEMORANDUM * 2 Michael Johnson, by and through his coconservators, sued the United States under the Federal Tort Claims Act ("FTCA"), alleging medical malpractice on the part of the defendant as the result of injuries Johnson sustained when, during an alcohol withdrawal seizure, he fell in a Veterans Administration Hospital ("VAH") parking lot. Following a bench trial, the district court ruled in favor of the government and Johnson appealed. In an earlier decision we concluded that the trial court had erred, both in its determination that the cause of…