Bennion

Bennion v. United States

Good Law
288 F. App'x 443
United States Court of Appeals for the Ninth CircuitAugust 12, 2008No. 07-35132California465 words

Opinion

Lead Opinion

MEMORANDUM **

I.

living Bennion appeals the district court’s dismissal of his Federal Tort *444 Claims Act claims for medical malpractice and premises liability. The claims arose when Bennion fainted and was burned in a steam room at the Tribal Wellness Center on the Coeur dAleñe Tribe Indian Reservation. Bennion claims that a physical therapist at the site, Dan Smith, committed malpractice by allowing him to use the steam room unsupervised. His premises liability claim asserts that the steam ran unreasonably hot and that the United States was responsible.

The district court dismissed the malpractice claim on the ground that Bennion had failed properly to designate any expert who could testify to the standard of care as required under Idaho law. The court also rejected Bennion’s claim that Smith himself had admitted malpractice in a deposition and therefore could serve as an expert. As to the premises liability claim, the court found that the United States could not be liable because it did not operate or control the Tribal Wellness Center. Bennion timely appeals. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

II.

As to the malpractice claim, the district court…

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