John E. Garrett v. John Wesley Jeffcoat and the United States of America

FIELD, Circuit Judge:

On June 15, 1971, John E. Garrett was a passenger in an automobile owned and operated by Hastings A. Thomas, an employee of the United States Department of Agriculture, when it was involved in a collision with a vehicle driven by John Wesley Jeffcoat resulting in serious injuries-to Garrett. It is conceded that at the time Thomas was acting within the scope of his employment.

Garrett filed an administrative claim with, the Department of Agriculture pursuant to the provisions of the Feder al Tort Claims Act 1 and subsequent thereto accepted an offer of settlement from…