Biagi v. United States

HARRIS, District Judge.

Plaintiff Biagi seeks to recover damages under the Federal Tort Claims Act, 28 U.S.C.A. §§ 1346, 2671 et seq., for injuries suffered in an automobile collision, defendant being liable for the acts of a non-commissioned driver of the car allegedly responsible for the accident.

The United States challenges the jurisdiction of the Court under the Tort Claims Act. It asserts that plaintiff has already recovered under the Federal Employees’ Compensation Act and is therefore barred from bringing the present action, 5 U.S.C.A. § 751 et seq., being plaintiff’s exclusive remedy.…