Samuel Gold v. United States

387 F.2d 378, 1967 U.S. App. LEXIS 4079

Opinion

OPINION OF THE COURT

PER CURIAM:

The plaintiff, a civilian employee at the Philadelphia Naval Shipyard, sustained injuries while performing his duties. He was furnished medical and surgical treatment by the defendant United States at the Philadelphia Naval Hospital. He brought this action under the Federal Tort Claims Act seeking damages from the United States for alleged malpractice in the treatment accorded to him at the Naval Hospital.

The District Court granted summary judgment in favor of the United States on the ground that the Federal Employees’ Compensation Act, 5 U.S.C.A. § 751 et seq., to which the plaintiff had resorted prior to the institution of the instant action, is the exclusive remedy available to the plaintiff.

We are of the opinion that the District Court did not err in its disposition. The Order granting summary judgment will be affirmed.