De Lange v. United States
| Decision Date | 09 February 1967 |
| Docket Number | No. 21212.,21212. |
| Citation | 372 F.2d 134 |
| Parties | Sharon L. DE LANGE, Appellant, v. UNITED STATES of America, Appellee. |
| Court | U.S. Court of Appeals — Ninth Circuit |
Michael I. Greer, of Bear, Gelfand, Greer & Bauer, San Diego, Cal., for appellant.
Barefoot Sanders, Asst. Atty. Gen., Morton Hollander, John C. Eldridge, Alan S. Rosenthal, Attys., Dept. of Justice, Washington, D. C., Edwin L. Miller, U. S. Atty., San Diego, Cal. for appellee.
Before BARNES and JERTBERG, Circuit Judges, and MUECKE, District Judge.
We affirm the judgment below; holding that the communicated diagnosis was a representation. (Hall v. United States, 274 F.2d 69 (10th Cir. 1959).) An incorrect representation is "misrepresentation" within the meaning of the statute (28 U.S.C.A. §§ 2674 and 2680(h)), whether wilful or based upon negligence in ascertaining the facts represented. (United States v. Neustadt, 366 U.S. 696, 702, 81 S.Ct. 1294, 6 L.Ed. 2d 614 (1961).) Cf. Hungerford v. United States, 307 F.2d 99, 102 (9th Cir. 1962). The appellant would not have undertaken to be examined, but for her employment. Her exclusive remedy is to seek relief for Workmen's Compensation benefits. 5 U.S.C.A. § 8101 et seq.; § 8171-8173; and 33 U.S.C.A. § 901 et seq.
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...exclusion in a medical malpractice setting. In Hungerford v. United States, 307 F.2d 99 (9th Cir. 1962) and DeLange v. United States, 372 F.2d 134 (9th Cir. 1967), the Ninth Circuit Court of Appeals apparently held that the communicated diagnosis of a physical condition was a representation......
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Marival, Inc. v. Planes, Inc., Civ. A. No. 12189.
...Beech v. United States, 345 F.2d 872 (5th Cir. 1965); Hungerford v. United States, 307 F.2d 99 (9th Cir. 1962); De Lange v. United States, 372 F.2d 134 (9th Cir. 1967). Generally, cases of negligent misrepresentation concern pecuniary injury in commercial settings, rather than bodily harm, ......
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...by the United States touching upon misrepresentation are: Matthews v. United States, 456 F.2d 395 (5th Cir. 1972); De Lange v. United States, 372 F.2d 134 (9th Cir. 1967); Beech v. United States, 345 F.2d 872 (5th Cir. 1965); and Hungerford v. United States, 307 F.2d 99 (9th Cir. 1962). The......
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