Brittingham v. United States

MEMORANDUM OPINION

ELLIS, District Judge.

Plaintiff, a federal employee, filed a personal injury tort suit against a fellow employee in state court. The action was removed to federal court when the United States was substituted for the fellow employee based on the government’s certification that at the time and place alleged, the putative tortfeasor was acting within the scope of his employment. The government seeks dismissal on the ground that plaintiff has not complied with the requirements of the Federal Tort Claims Act (“FTCA”), which applies now that the United States is the substituted…