Kohler v. United States

MEMORANDUM OPINION

MENCER, District Judge.

Plaintiff instituted this diversity action against the defendant, the United States of America, pursuant to the Federal Tort Claims Act (FTCA), 28 U.S.C. § 2671 et seq. Arguing that application of the FTCA and the Pennsylvania Workmen’s Compensation Act, 77 P.S. § 1 et seq. bar recovery in this case, the United States filed a Motion to Dismiss or, Alternatively, for Sum mary Judgment, along with briefs in support and the affidavits of Homer K. Browne, Jr., and Ralph Y. McKnight. Plaintiff has filed a brief in opposition to defendant’s motion and the…