Legal Opinion

Kwitek v. United States Postal Service

District Court, W.D. New York

Decided February 18, 2010No. 07-CV-826-JTCPublishedCited by 7 opinions

1Opinion of the Court

JOHN T. CURTIN, District Judge.

This action was brought against the United States Postal Service (“USPS”) pursuant to the Federal Tort Claims Act (“FTCA”), which provides a limited waiver of sovereign immunity to allow claims for money damages based on the negligence of federal government employees. See 28 U.S.C. § 1346(b)(1). Plaintiff Edward Kwitek claims that he was injured while working as a driver for Midwest Transport, Inc., under a contract with the USPS, as he was loading containers of mail onto a Midwest trailer at the LaSalle Post Office Station in Niagara Falls, New York.

On the eve…

2Cases cited21 opinions

  1. McNutt v. General Motors Acceptance Corp.Supreme Court of the United States · 1936
  2. United States v. SherwoodSupreme Court of the United States · 1941
  3. United States v. GaubertSupreme Court of the United States · 1991
  4. Berkovitz v. United StatesSupreme Court of the United States · 1988
  5. United States v. S.A. Empresa De Viacao Aerea Rio GrandenseSupreme Court of the United States · 1984

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3Cited by7 opinions

  1. Alyce Couch v. United StatesCourt of Appeals for the Seventh Circuit · 2012
  2. Anson v. United StatesDistrict Court, W.D. New York · 2018
  3. Culhane v. United StatesDistrict Court, W.D. New York · 2020
  4. Morrison v. United States of AmericaDistrict Court, S.D. New York · 2019
  5. Stonestreet v. United States of AmericaDistrict Court, S.D. Mississippi · 2021

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