Legal Opinion
Short v. United States
District Court, D. Delaware
Decided September 21, 1965No. Civ. A. No. 2864PublishedCited by 9 opinions
1Opinion of the Court
CALEB M. WRIGHT, Chief Judge.
Plaintiffs seek to hold the United States liable for injuries allegedly caused by Glenn Thornton, a Petty Officer in the United States Navy. They claim that Thornton was acting within the scope of his employment when a car driven by him was involved in an accident which caused injury to plaintiff, Diane Short.
In order for the United States to be held liable for the torts of its employees under principles of vicarious liability, the employee must have been acting within the scope of his employment when the tort was committed. See 28 U.S.C.A. §§ 1346, 2671.
The…
2Cases cited3 opinions
- Boynton v. McKalesCalifornia Court of Appeal · 1956
- Wilson v. Steel Tank & Pipe Co.Oregon Supreme Court · 1935
- Kiamichie Church and Janella Church v. Windrop Ingersoll and Frances W. Ingersoll, (Two Cases)Court of Appeals for the Tenth Circuit · 1956
3Cited by9 opinions
- Luth v. Rogers and Babler Construction CompanyAlaska Supreme Court · 1973
- National Convenience Stores, Inc. v. FantauzziNevada Supreme Court · 1978
- St. Paul Fire & Marine Ins. Co. v. RobertsLouisiana Court of Appeal · 1976
- Kornton v. Conrad, Inc.Nevada Supreme Court · 2003
- Fitzpatrick v. United StatesDistrict Court, D. Delaware · 1991
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