Yedwab v. United States

OPINION

BIUNNO, District Judge.

Doris Yedwab claims she was injured May 31, 1978 in a fall at a U.S. Postal Service postoffice. She and her husband now sue under the Federal Tort Claims Act, 28 U.S.C. § 2671 et seq. She claims for her injuries, her husband Seymour sues per quod.

Suit was begun against the “U.S. Postal Service”. This is the wrong party, and the United States is ordered substituted as defendant. Also, the complaint has a jury demand, but the demand must be stricken since jury trial is not available under the Act.

This leaves the key issue raised on motion by the United States: did…