Jewell v. United States

ORDER ON DEFENDANT’S MOTION TO DISMISS

SIDNEY O. SMITH, Jr., District Judge.

This is an action in which plaintiff, a prisoner in the Federal Penitentiary, sued the United States under the Federal Tort Claims Act, 28 U.S.C.A. §§ 1346(b), 2671-2680. Plaintiff claims that he was ordered to operate a dangerous machine even though he had been under medical care for an illness accompanied by dizziness and blackouts. Plaintiff alleges that the proximate cause of *382his injury was the negligence of the personnel at the prison hospital, even though the actual injury occurred while he was operating an…