Eddie Sneed, as Special Administrator of the Estate of Herbert Webb Sneed, Deceased v. United States

29 F.3d 634 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Eddie SNEED, as Special Administrator of the Estate of Herbert Webb Sneed, Deceased, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee. No. 93-15095. United States Court of Appeals, Ninth Circuit. Argued and Submitted June 17, 1994. Decided June 21, 1994. Before: GOODWIN, PREGERSON, and RYMER, Circuit Judges. 1 MEMORANDUM * 2 Eddie Sneed, wife of decedent Herbert Sneed, appeals the district court's grant of summary judgment to the United States in her Federal Tort Claims Act (FTCA), 28 U.S.C. Secs. 1346 (b), 2671, et seq., wrongful death action. Herbert Sneed died two days after Dr. Larry O'Connor, who was under contract to provide radiological services at Naval Hospital in Oakland, performed a procedure involving the replacement of a nephrostomy tube. 1 The district court concluded as a matter of law that O'Connor was an independent contractor and that the government accordingly was not liable…