No. 02-57006
Opinion
Opinion
365 F.3d 827 Mary SULLIVAN, Plaintiff-Appellant, v. UNITED STATES DEPARTMENT OF the NAVY; Naval Medical Center; Does, 1 through 50, inclusive, Defendants, and United States of America, Defendant-Appellee. No. 02-57006. United States Court of Appeals, Ninth Circuit. Argued and Submitted February 6, 2004. Filed April 23, 2004. James McElroy, San Diego, CA, for the plaintiff-appellant. Carol C. Lam, United States Attorney, Richard Tolles, United States Attorney's Office, San Diego, CA, for the defendant-appellee. Appeal from the United States District Court for the Southern District of California Thomas J. Whelan, District Judge, Presiding. D.C. No. CV-01-00425-TJW/JFS. Before: NOONAN, THOMAS, and BEA, Circuit Judges. NOONAN, Circuit Judge: 1 Mary Sullivan appeals the grant of summary judgment to the United States in this action under the Federal Tort Claims Act (the FTCA). The central question is whether the district court properly excluded the proffered testimony of the plaintiff's medical expert. We reverse the judgment of the district court and remand. FACTS 2 We state the facts as presented by the party not moving for summary judgment, as follows: 3 On April 2, 1999, Mary…