Burnell Keath Uptagrafft, and State Farm Mutual Auto Insurance Company v. United States

James W. Edwards sustained personal injuries in an automobile wreck and thereby acquired a tort claim against Burnell K. Uptagrafft and his employer, United States of America. Edwards could have sued the United States under the Tort Claims Act, 28 U.S.C.A. § 1346 et seq. Government Employees Ins. Co. v. Ziarno, 273 F.2d 645, 647 (2d Cir., 1959). Instead, for reasons sufficient to him and unknown to the court, he elected to sue Uptagrafft. Although requested to do so, and despite the fact that Uptagrafft was driving a government-owned vehicle, the United States refused to assume defense of the…