Legal Opinion
Smith v. United States
Court of Appeals for the Third Circuit
Decided November 27, 1978No. 78-1051PublishedCited by 45 opinions
1Opinion of the Court
OPINION
STERN, District Judge.
The issue presented by this appeal is whether the district court erred in deducting appellant’s Social Security Survivor benefits from her recovery under the Federal Tort Claims Act, 28 U.S.C. §§ 1346(b) and 2671 et seq. (“FTCA”). We hold that, where applicable state law recognizes the “collateral source” doctrine, Social Security benefits should not be deducted from a recovery under the FTCA. Accordingly, we reverse.
Appellants are the wife and children of Gary Smith who was killed on January 17, 1973 when he stepped in front of a moving train. Prior to his death,…
2Cases cited14 opinions
- Richards v. United StatesSupreme Court of the United States · 1962
- Donald Feeley v. United StatesCourt of Appeals for the Third Circuit · 1964
- United States v. Harue HayashiCourt of Appeals for the Ninth Circuit · 1960
- United States v. William H. Price, Jr.Court of Appeals for the Fourth Circuit · 1961
- William O. Haughton, Appellant-Cross-Appellee v. Blackships, Inc., Appellee-Cross-AppellantCourt of Appeals for the Fifth Circuit · 1972
9 more not listed; retrieve them via the Exa API.
3Cited by45 opinions
- Dillon v. ColesCourt of Appeals for the Third Circuit · 1984
- Craig v. Y & Y Snacks, Inc.Court of Appeals for the Third Circuit · 1983
- 38 Fair empl.prac.cas. 442, 37 Empl. Prac. Dec. P 35,454 James L. Maxfield v. Sinclair International and David H. Sinclair, President of Sinclair InternationalCourt of Appeals for the Third Circuit · 1985
- Maxfield v. Sinclair InternationalCourt of Appeals for the Third Circuit · 1985
- Ina M. Overton v. United StatesCourt of Appeals for the Eighth Circuit · 1980
40 more not listed; retrieve them via the Exa API.