Legal Opinion
Phinney v. United States
Court of Appeals for the First Circuit
Decided February 3, 1994No. 93-1797PublishedCited by 2 opinions
1Opinion of the Court
CYR, Circuit Judge.
Plaintiff-appellant Theresa Phinney was struck and injured by a backhoe operated by an employee of Middlesex Corporation, an independent contractor engaged by the United States to resurface roads at Pease Air Force Base in New Hampshire. After exhausting administrative remedies, see 28 U.S.C. § 2675, plaintiff brought this Federal Tort Claims Act [FTCA] suit, alleging, inter alia, that the United States breached a non-delegable duty of care under New Hampshire law by allowing its contractor to operate a backhoe with an inoperative safety alarm. The United States moved for…
2Cases cited7 opinions
- United States v. TestanSupreme Court of the United States · 1976
- United States v. OrleansSupreme Court of the United States · 1976
- Thomas v. HarringtonSupreme Court of New Hampshire · 1903
- Carr v. Merrimack Farmers Exchange, Inc.Supreme Court of New Hampshire · 1958
- Clark v. US Dept. of ArmyDistrict Court, D. New Hampshire · 1992
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3Cited by2 opinions
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