Frieouf v. United States

WOLLENBERG, District Judge.

Defendant United States of America has moved pursuant to the provisions of Rule 12(b) (1) and 12(b) (6) of the Federal Rules of Civil Procedure, 28 U.S.C., for dismissal of this action brought under the Federal Tort Claims Act, 28 U.S.C. § 1346(b), on the grounds that plaintiff’s exclusive remedy is afforded by the Federal Employees’ Compensation Act, 39 Stat. 742, as amended; 5 U.S.C.A. § 751 et seq.

Plaintiff alleges that while a patient at the United States Public Health Service Hospital in San Francisco defendants carelessly and negligently allowed plaintiff to…