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

Ninth Circuit

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

469 F.2d 95, 1972 U.S. App. LEXIS 7449

CourtCourt of Appeals for the Ninth Circuit

DecidedSeptember 22, 1972

Docket72-1073

StatusPublished

Cited by1 cases

This text of 469 F.2d 95 (Patsy Andreotti, and v. United States of America, And) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Patsy Andreotti, and v. United States of America, And, 469 F.2d 95, 1972 U.S. App. LEXIS 7449 (9th Cir. 1972).

Pincite

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).

Free access — add to your briefcase to read the full text and ask questions with AI

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).

Cite This Page — Counsel Stack

Bluebook (online)

469 F.2d 95, 1972 U.S. App. LEXIS 7449, Counsel Stack Legal Research, https://law.counselstack.com/opinion/patsy-andreotti-and-v-united-states-of-america-and-ca9-1972.

Opinion

Related

Cite This Page — Counsel Stack