John J. Matsko, III Teresa A. Matsko, Husband and Wife v. United States of America Rudy Kotor

OPINION OF THE COURT

NYGAARD, Circuit Judge.

John J. Matsko III 1 filed a lawsuit sounding in tort for injuries inflicted by Rudy Kotor, a federal employee, during a business visit to the offices of the Mine Safety and Health Administration (“MSHA”). Matsko’s amended complaint asserted two theories under which he claimed the United States was liable for his injuries. First, he argued that Kotor’s actions can be imputed to the United States, as his employer. Second, Matsko asserted that the United States was liable because, despite a duty owed to him as a business invitee, it failed to protect…