Jean Martin v. United States

WINTER, Circuit Judge:

Injured when the automobile in which she was returning from lunch collided with an army truck, Jean Martin, an employee of the Fort Jackson PX, brought this damage action under the Federal Tort Claims Act, 28 U.S.C. § 2674. If her injuries arose out of and in the course of her employment, plaintiff’s exclusive remedy would be compensation under 5 U.S.C. § 8171, since her salary was paid from nonappropriated funds of the Army and Air Force Exchange Service. See 5 U.S.C. § 2105(c). Indeed, plaintiff accepted statutory compensation payments, which had been paid voluntarily,…