United States Tenth Circuit

Awards of non-economic damages for plaintiffs in an action against the government under the Federal Tort Claims Act (FTCA) arising from an automobile accident with a government employee are affirmed where awards of two million dollars for loss of consortium and four million dollars for pain and suffering were not so excessive as to shock the judicial conscience.

Appellate Information

• Decided 04/25/2006
• Published 04/25/2006

Judges

• BRISCOE, Circuit Judge., Before BRISCOE, BALDOCK, and TYMKOVICH, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellees:
  
• William G. Cole, Appellate Staff, Civil Division, United States Department of Justice (Peter D. Keisler, Assistant Attorney General, Robert G. McCampbell, United States Attorney, and Robert S. Greenspan, Appellate Staff, Civil Division, United States Department of Justice, with him on the briefs), Washington, D.C., for Defendant-Appellant, United States of America., Shawnae E. Proctor, Oklahoma City, Oklahoma (Max C. Tuepker, Oklahoma City, Oklahoma, and John P. Zelbst, Lawton, Oklahoma, with her on the briefs), for Plaintiffs-Appellees.