Sutherland v. United States

BYERS, Chief Judge.

This is a motion by the individual defendant, Harold M. Somberg (M.D.), to dismiss a cross-claim pleaded in the answer of the United States to the complaint filed.

The action is under the Federal Tort Claims Act, 28 U.S.C.A. §§ 1346, 2671 et seq., to recover damages alleged to have been sustained by plaintiff while he was a patient in the United States Marine Hospital at Stapleton, Staten Island. While there he had to undergo an operation, which he alleges to have been negligently performed.

Apparently the injuries were serious and permanent.

The answer pleads as a second…