Garfield v. United States

OPINION AND ORDER

JAMES E. DOYLE, District Judge.

This is an action, instituted under the provisions of the Federal Tort Claims Act, 28 U.S.C. §§ 1346(b), 2671 et seq., for damages for personal injuries. Plaintiffs seek to rest liability on the alleged negligence of defendant.

The incident from which this action arose occurred within the State of Wisconsin and, therefore, under 28 U.S. C. § 1346(b), the law of the State of Wisconsin governs this action. The government has filed a motion for summary judgment pursuant to Rule 56, Federal Rules of Civil Procedure, on the ground that it is not…