Balancio v. United States

NOONAN, District Judge.

The defendant has moved this court for an order dismissing the amended complaint in this action, on the grounds that the plaintiff has failed to state a claim under the Federal Tort Claims Act 28 U.S.C. § 1346(b). The defendant bases this contention on the ground that the plaintiff’s exclusive remedy lies under the Federal Employees’ Compensation Act, 5 U.S.C.A. § 751 et seq.

The salient facts of this action are as follows. The plaintiff, a civilian seaman, employed by the defendant was injured in the course of his employment. As a result of the injuries he sustained he…