DiSalvatore v. United States

MEMORANDUM

JOSEPH S. LORD, III, Chief Judge.

This action brought under the Federal Tort Claims Act, 28 U.S.C. §§ 1346(b), 2671 et seq., alleges that plaintiffs’ decedent was killed as a result of defendant’s negligence. The defendant has moved for summary judgment on the ground that any negligence which caused the decedent to be injured was conduct not of it or of its employees but rather of the independent contractors who were in possession of the construction site where the decedent was injured. Under the Federal Tort Claims Act, the defendant correctly points out, the United States cannot be…