Lane v. United States

843 F. Supp. 190, 1993 U.S. Dist. LEXIS 19283, 1993 WL 589302
CourtDistrict Court, N.D. Texas
DecidedSeptember 17, 1993
DocketCiv. A. No. 3:93-CV-0380-G
StatusPublished

This text of 843 F. Supp. 190 (Lane v. United States) is published on Counsel Stack Legal Research, covering District Court, N.D. Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Lane v. United States, 843 F. Supp. 190, 1993 U.S. Dist. LEXIS 19283, 1993 WL 589302 (N.D. Tex. 1993).

Opinion

MEMORANDUM ORDER

FISH, District Judge.

Before the court is the motion to dismiss or for summary judgment of the defendant United States of America (the “government”). For the reasons stated below, the motion is granted.

I. BACKGROUND

Plaintiff Sharon Foster Lane (“Lane”) brings this lawsuit to recover for injuries she received in November 1991, when she slipped and fell on a sidewalk at the Cotton Creek Apartments, a project in the possession of the United States Department of Housing and Urban Development (“HUD”). Prior to the tíme of Lane’s accident, HUD entered into a contract with Midland Properties Management, Inc. (“Midland Properties”) whereby Midland was to provide necessary personnel, materials, equipment, supplies and facilities to manage the Cotton Creek Apartment project in HUD’s best interest. Under the contract, HUD remained the owner of the property.

Shortly after Lane’s accident, her attorney, Lawrence L. Mealer (“Mealer”), sent a letter to Midland Properties requesting that it provide him information as to possible liability. He concluded his letter by stating, “[i]f I receive no further communications from anyone in regard to this matter, I shall have no alternative but to assume that liability is being denied____’,1 Midland Properties responded to Mealer’s letter by sending a copy of it to HUD’s office in Fort Worth, Texas.

On March 23, 1992, Charlene A. Berry (“Berry”), Associate Regional Counsel for HUD, sent Mealer a letter confirming her receipt of his Midland Properties correspondence and informing him of the procedure for Lane to follow if she wished to pursue a claim against the United States under the Federal Tort Claims Act (“FTCA”), 28 U.S.C. §§ 1346 and 2671 et seq2 On July 7, 1992, Mealer submitted Lane’s FTCA claim. Because the government failed to respond to her claim, Lane filed suit against it in this court on February 24, 1993.

The government seeks by this motion summary judgment that the FTCA immunizes it from suit on the grounds that Midland Properties is an independent contractor as defined by the statute.

II. ANALYSIS

A. Evidentiary Burdens on Motion for Summary Judgment

Summary judgment is proper when the pleadings and evidence on file show that no genuine issue exists as to any material fact and that the moving party is entitled to judgment as a matter of law. Fed.R.Civ.P. [192]*19256(c).3 “[T]he substantive law will identify which facts are material.” Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S.Ct. 2505, 2510, 91 L.Ed.2d 202 (1986). The movant makes such a showing by informing the court of the basis of its motion and by identifying the portions of the record which reveal there are no genuine material fact issues. See Celotex Corporation v. Catrett, 477 U.S. 317, 323, 106 S.Ct. 2548, 2552-53, 91 L.Ed.2d 265 (1986). Once the movant makes this showing, the nonmovant must then direct the court’s attention to evidence in the record sufficient to establish that there is a genuine issue of material fact for trial. Id. at 323-24, 106 S.Ct. at 2552-53. To carry this burden, the opponent must do more than simply show some metaphysical doubt as to the material facts. Matsushita Electric Industrial Co., Ltd. v. Zenith Radio Corporation, 475 U.S. 574, 586, 106 S.Ct. 1348, 1355, 89 L.Ed.2d 538 (1986). Instead, she must show that the evidence is sufficient to support a resolution of the factual issue in her favor. Anderson, 477 U.S. at 249, 106 S.Ct. at 2510. All of the evidence must be viewed, however, in a light most favorable to the motion’s opponent. Id. at 255, 106 S.Ct. at 2513-14 (citing Adickes v. S.H. Kress & Co., 398 U.S. 144, 158-59, 90 S.Ct. 1598, 1608-09, 26 L.Ed.2d 142 (1970)). Summary judgment is properly entered against a party if after adequate time for discovery, she fails to establish the existence of an element essential to her case and as to which she will bear the burden of proof at trial. Celotex, above, 477 U.S. at 322-23, 106 S.Ct. at 2552-53.

B. The FTCA Shields the Government From Liability in this Case

The FTCA is a limited waiver of sovereign immunity which subjects the United States to liability for personal injury or death caused by “the negligent or wrongful act or omission of any employee of the Government....” 28 U.S.C. § 1346(b). “An employee of the government” includes “officers or employees of any federal agency____” 28 U.S.C. § 2671. “ ‘Federal agency1 includes the executive departments ... and ... independent establishment of the United States ... but does not include any contractor with the United States.” 28 U.S.C. § 2671. By the terms of the statute, independent contractors are not government employees and the United States is not liable for their negligence. See United States v. Orleans, 425 U.S. 807, 813-14, 96 S.Ct. 1971, 1975-76, 48 L.Ed.2d 390 (1976); Logue v. United States, 412 U.S. 521, 528, 93 S.Ct. 2215, 2219-20, 37 L.Ed.2d 121 (1973).

The facts of this case are not in dispute. Lane does not contest the government’s assertion that Midland Properties is an independent contractor under the terms of the FTCA. Nor does she dispute the general proposition that under the FTCA, the government is not liable for personal injuries resulting from the negligence of its independent contractors. Instead, she argues that the government is estopped, under the doctrine of equitable estoppel, from relying on its immunity under the FTCA. Specifically, Lane maintains that the Berry correspondence of March 23,1992 constitutes an effort by the government to mislead her into thinking that she should seek redress for her injuries from the government, not Midland Properties.

Courts apply the doctrine of equitable estoppel to the federal government in only the narrowest of circumstances. See Heckler v. Community Health Services of Crawford County, Inc., 467 U.S. 51, 60, 104 S.Ct. 2218, 2224, 81 L.Ed.2d 42 (1984); Moody v. United States, 783 F.2d 1244, 1246 (5th Cir.1986) (citations omitted).

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Related

Adickes v. S. H. Kress & Co.
398 U.S. 144 (Supreme Court, 1970)
Logue v. United States
412 U.S. 521 (Supreme Court, 1973)
United States v. Orleans
425 U.S. 807 (Supreme Court, 1976)
Immigration & Naturalization Service v. Miranda
459 U.S. 14 (Supreme Court, 1982)
Anderson v. Liberty Lobby, Inc.
477 U.S. 242 (Supreme Court, 1986)
Housing Authority Of Elliott County v. Bergland
749 F.2d 1184 (Sixth Circuit, 1985)
Marian Fontenot, Etc. v. The Upjohn Company
780 F.2d 1190 (Fifth Circuit, 1986)
Shearn Moody, Jr. v. United States
783 F.2d 1244 (Fifth Circuit, 1986)
United States v. Clarence A. Lair, and Nellie M. Lair
854 F.2d 233 (Seventh Circuit, 1988)

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843 F. Supp. 190, 1993 U.S. Dist. LEXIS 19283, 1993 WL 589302, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lane-v-united-states-txnd-1993.