Owen v. United States

THURMOND CLARKE, District Judge.

This action arises under the Federal Tort Claims Act. Plaintiff, a retired Marine Corps gunnery sergeant, seeks to recover damages for an eye injury suffered in the course of an examination at the El Toro, California, Marine Corps Air Station.

The facts are not in dispute:

For about three days prior to April 10, 1965, plaintiff had been bothered by tears in his right eye and pain behind the eyeball. On April 10 he went to the station hospital for examination.

Lt. Edward M. Jewusiak, a Navy physician, undertook an eye examination. His tests showed plaintiff then…