Patsy Andreotti, and v. United States of America, And

U.S. Court of Appeals for the Ninth Circuit September 22, 1972

Patsy Andreotti, and v. United States of America, And, 469 F.2d 95 (9th Cir. 1972)

1972 U.S. App. LEXIS 7449

Opinion

PER CURIAM.

The judgment in favor of the United States in this Federal Tort Claims ease is affirmed.

The finding that the injury to the plaintiff was caused by the negligence of an independent contractor performing services (unsupervised as to details) for the government is not clearly erroneous. Actually, the finding, on the record, seems inescapable.

Under California law (and the injury occurred in a California post office) the negligence might be imputed to the landowner. But in our view, the permission to sue the United States granted by the Tort Claims Act does not go far enough to cover imputed negligence. United States v. Trubow, 214 F.2d 192 (9 Cir. 1955); United States v. Dooley, 231 F.2d 423 (9 Cir. 1955).

Reference

Full Case Name: Patsy ANDREOTTI, Plaintiff and Appellant, v. UNITED STATES of America, Defendant and Respondent
Cited By: 1 case
Status: Published