PATSY ANDREOTTI, PLAINTIFF AND APPELLANT,
v.
UNITED STATES OF AMERICA, DEFENDANT AND RESPONDENT

9th Cir. | 1972-09-22
No. 72-1073
469 F.2d 95 United States Court of Appeals for the Ninth Circuit (1972) Caution
Cited by 3 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

The judgment in favor of the United States in this Federal Tort Claims ease is affirmed.

The finding that the injury to the plaintiff was caused by the negligence of an independent contractor performing services (unsupervised as to details) for the government is not clearly erroneous. Actually, the finding, on the record, seems inescapable.

Under California law (and the injury occurred in a California post office) the negligence might be imputed to the landowner. But in our view, the permission to sue the United States granted by the Tort Claims Act does not go far enough to cover imputed negligence. United States v. Trubow, 214 F. 2d 192 (9 Cir. 1955); United States v. Dooley, 231 F. 2d 423 (9 Cir. 1955).


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