Jeanne B. Tomberlin, Drew Tomberlin v. United States

23 F.3d 369, 1994 U.S. App. LEXIS 15472, 1994 WL 242310

Opinion

PER CURIAM:

We are advised in this appeal by our decision in Brown v. Nichols, 8 F.3d 770 (11th Cir.1993), which was released after the district court’s decision in this case. The reasoning in Brown, a diversity case, also fits this Federal Tort Claim’s Act case. For that reason, the district court’s judgment dismissing the action is reversed, and this ease is remanded with instructions to permit the appellants to amend their complaint to attach the affidavit of Dr. William Hayes that they had proffered before judgment was entered.

REVERSED and REMANDED.