Rogers v. United States

OPINION and ORDER

DONALD RUSSELL, District Judge.

This proceeding seeks the recovery of damages for personal injuries under the provisions of the Federal Tort Claims Act. The defendant has moved for judgment on the pleadings or in the alternative for summary judgment. The motion is based upon the record, including certain depositions taken by the parties under discovery proceedings. The defendant contends that such record shows that there is no genuine issue of fact involved and that it is entitled, on the undisputed facts, to judgment in its favor as a matter of law.

The plaintiff, after a…