Ernest Lee Lindsay v. George Washington University

DANAHER, Circuit Judge.

This appeal presents the question of whether the “exclusive remedy” provision 1 of the Workmen’s Compensation Act 2 precludes an action for alleged malpractice at the employer’s hospital in the treatment of a compensable injury. The District Court granted appellee’s motion for summary judgment and dismissed the complaint, 3 hence this appeal.

Appellant husband (herein, plaintiff), since 1951 had been employed as a maintenance man by the corporate appellee. The latter also operates George Washington University Hospital. In 1956, plaintiff, in the course of his employment,…