Smith v. United States
Smith v. United States
Opinion of the Court
OPINION
The issue presented by this appeal is whether the district court erred in deducting appellant’s Social Security Survivor benefits from her recovery under the Federal Tort Claims Act, 28 U.S.C. §§ 1346(b) and 2671 et seq. (“FTCA”). We hold that, where applicable state law recognizes the “collateral source” doctrine, Social Security benefits should not be deducted from a recovery under the FTCA. Accordingly, we reverse.
Appellants are the wife and children of Gary Smith who was killed on January 17, 1973 when he stepped in front of a moving train. Prior to his death, decedent, a paranoid schizophrenic, was hospitalized in a Veterans Administration Hospital in Coatesville, Pennsylvania. Appellants brought suit under the FTCA, alleging that the hospital negligently permitted the decedent to leave hospital grounds. Appellant Elmira Smith sought damages on behalf of her husband’s estate and in her own right; appellants Rhonda Lee and Gary Joseph Smith sought damages for loss of their father’s nurture.
By Memorandum and Order dated November 18, 1977, the district court indicated that it had reduced the recovery by the amount of Social Security Survivor benefits which Mrs. Smith was to receive as her husband’s survivor. (56a). It is this aspect of the district court’s decision which we reverse.
Under Pennsylvania law, the “collateral source” doctrine permits a tort victim to recover more than once for the same injury provided these recoveries come from different sources.
Application of this doctrine to the FTCA was previously considered by this Court in Feeley v. United States, supra. There it was held that, because both VA hospital benefits and FTCA recoveries come out of general revenues, plaintiff was not entitled to both. That holding, however, was carefully restricted. First, this Court noted “the unique position of the federal government with its many separate branches and agencies, each independent of the other.” 337 F.2d at 927. Then, the Court went on to state that:
The defendant United States has provided free hospital care for these specific injuries. While it is true that the plaintiff became entitled to the benefits because of his status as a veteran . and not because he was the victim of a tort committed by a federal employee, the fact is that the United States has paid for the hospital care here in dispute . To allow the plaintiff to recover for this item in his damages would not only result in a double-recovery for him, but also a double-payment out of the general treasury by the United States. We are careful, however, to limit this result to the facts of this case. This decision casts neither approval nor disapproval on such possibly distinguishable situations as where the payment is out of a specially funded source, see United States v. Harue Hayashi, 282 F.2d 599 (9 Cir. 1960), or where the plaintiff has paid a part of all of the premiums necessary to establish the source or fund.
Id., at 933-934.
United States v. Harue Hayashi, 282 F.2d 599 (9th Cir. 1960), referred to by the Fee-ley court, dealt with the precise question now before us and held that Social Security Survivor benefits are “collateral” to a FTCA recovery. In so holding, the court distinguished between those benefits which come from unfunded general revenues of the United States and those which come
The Fourth Circuit has similarly held that benefits which are conferred by the United States out of a special fund need not be deducted from an FTCA recovery. See, United States v. Price, 288 F.2d 448 (4th Cir. 1961) (benefits received under the Civil Service Retirement Act, 5 U.S.C. §§ 2551, et seq.); United States v. Brooks, 176 F.2d 482 (4th Cir. 1949) (benefits received under a National Service Life Insurance Policy). In addition, two district courts have held that Social Security benefits derive from a source collateral to recoveries under the Federal Tort Claims Act. Cooper v. United States, 313 F.Supp. 1207, 1212 (D.Neb. 1970); Gowdy v. United States, 271 F.Supp. 733, 749 (W.D.Mich. 1967). More recently, in Steckler v. United States, 549 F.2d 1372 (10th Cir. 1977), the Tenth Circuit, also faced with this question, noted the “dearth of authority on whether Social Security disability payments are to be regarded as income from a collateral source insofar as they represent payments made by the injured person and his employer”, id., at 1379, and concluded that:
Logically they are collateral. We do know that the government has supplemented the fund from time to time where this has been necessary. The extent to which the payments under Social Security disability can be traced to the government is questionable. The part contributed by the worker and the employers has the aspects of social insurance and as such is collateral to monies contributed by the government.
Id. Remanding on other grounds, the court held that although it “may be impossible” to determine the amount of the government’s contribution to the Social Security fund, the onus was on the plaintiff to make “some effort to ascertain the percentage or part contributed by the government . so as to permit a determination of the contributions of the employer and employee and their exclusion as collateral sources.” Id.
We agree with the Ninth Circuit that, where state law recognizes the “collateral source” doctrine, Social Security benefits should not be deducted from a recovery under the Federal Tort Claims Act. FTCA recoveries come out of general revenues; Social Security benefits are funded almost entirely from employee and employer contributions. See, 42 U.S.C. § 401(a) and the provisions of the Internal Revenue Code referred to therein. The government here did not argue that a FTCA recovery must be reduced by that portion of Social Security benefits attributable to the government’s contribution out of general revenues. Nevertheless, we are constrained to note our disagreement with the Tenth Circuit in Steckler, supra, and decline therefore to adopt its approach.
The government contends that failure to deduct Social Security benefits from FTCA recoveries contravenes the FTCA’s specific provision that the United States “shall not be liable ... for punitive damages.” 28 U.S.C. § 2674. That question was specifically left open by this Court in Feeley v. United States, supra, at 934. Our research has failed to uncover any subsequent discussion of this question.
We believe that the result we reach is consistent with the FTCA’s proscription on punitive damages.
Appellants further contend that the district court erred in refusing to award damages for loss of services and nurture.
The judgment will be reversed and the proceedings remanded for a recomputation of damages in accordance with this opinion.
. Under the FTCA, the law of the state in which the tort occurred governs the computation of the amount of recovery, except that punitive damages are not authorized. 28 U.S.C. § 1346(b); Richards v. United States, 369 U.S. 1, 82 S.Ct. 585, 7 L.Ed.2d 492 (1962).
. Cf. Haughton v. Blackships, Inc., 462 F.2d 788, 790 (5th Cir. 1972) (noting, in context of private action, that source may be “collateral” even when the tortfeasor has made some contributions to the fund.)
. D’Ambra v. United States, 481 F.2d 14 (1st Cir.), cert. denied, 414 U.S. 1075, 94 S.Ct. 592, 38 L.Ed.2d 482 (1973), cited by the government at ora! argument, does not compel a different result. There, the First Circuit stated that “Pu
. Under Pennsylvania law, a tortfeasor may be liable for “the value of services which would, in the ordinary course of events, have been rendered by a deceased husband for his wife and family in and around the home;” and he may be required to compensate “[a] child . . for the loss of care, training, advice, guidance and education . . .” Mascuilli v. United States, 343 F.Supp. 439, 442 (E.D.Pa. 1972), rev’d on other grounds, 483 F.2d 81 (3rd Cir. 1973).
Reference
- Full Case Name
- Elmira SMITH, Administratrix of the Estate of Gary Smith, and Elmira Smith in her own right, and Elmira Smith, as parent and natural guardian of Rhonda Lee Smith and Gary Joseph Smith, Jr. v. United States
- Cited By
- 46 cases
- Status
- Published