Legal Opinion

Kimball v. United States

District Court, D. New Jersey

Decided January 17, 1967No. Civ. A. No. 1082-64PublishedCited by 10 opinions

1Opinion of the Court

OPINION

COHEN, District Judge:

The primary issue in this personal injury negligence action, under the Federal Tort Claims Act1, is whether the United States is vicariously liable under the doctrine of respondeat superior for the alleged negligent operation of the privately owned automobile of a United States soldier reporting late for duty who, it is claimed, was an employee “acting within the scope of his office or employment” at the time of a collision between his automobile and that of another in which the plaintiff, Stephen R. Kimball, was a passenger.

The liability phase of the case was…

2Cases cited19 opinions

  1. Williams v. United StatesSupreme Court of the United States · 1955
  2. United States v. EleazerCourt of Appeals for the Fourth Circuit · 1949
  3. United States v. CampbellCourt of Appeals for the Fifth Circuit · 1949
  4. Theodore J. Chapin and Adam Sydlik v. United StatesCourt of Appeals for the Ninth Circuit · 1958
  5. United States v. Harold KennedyCourt of Appeals for the Ninth Circuit · 1956

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3Cited by10 opinions

  1. United States v. Betty Fuller FarmerCourt of Appeals for the Eighth Circuit · 1968
  2. Dorothea E. McSwain and Stella McSparran Administratrix of the Estate of Tracy L. McSwain Deceased v. United States v. Herbert L. McSwainCourt of Appeals for the Third Circuit · 1970
  3. Mannes v. HealeyNew Jersey Superior Court Appellate Division · 1997
  4. Brotko Ex Rel. Brotko v. United StatesDistrict Court, D. Rhode Island · 1989
  5. Commission v. United StatesDistrict Court, E.D. North Carolina · 1968

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