Irving v. United States

MEMORANDUM DECISION

McAULIFFE, District Judge.

Plaintiff, Gail Merchant Irving, sues defendant, the United States, under the Federal Tort Claims Act (“FTCA”), 28 U.S.C. §§ 1346(b), 2671-2680, seeking damages for serious injuries she suffered in a workplace accident. On October 10, 1979, Irving’s hair became caught in the unguarded rotating drive shaft of a die-out machine located near her work station at Somersworth Shoe Company. Regulations promulgated by the Occupational Safety and Health Administration (“OSHA”) required that the rotating shaft be guarded. Before the accident, in 1975 and…