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LAMBERTSON V. UNITED STATES, US Ct. of Appeals 2nd Circuit, 1976, 528 F.2d 441

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LAMBERTSON V. UNITED STATES, US Ct. of Appeals 2nd Circuit, 1976, 528 F.2d 441 Powered By Docstoc
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LAMBERTSON V. UNITED STATES, US Ct. of Appeals 2nd Circuit, 1976, 528 F.2d 441 History: Appeal from US District Court for Northern District of NY, which dismissed Plaintiff’s action against the United States Facts: On August 30, 1972, Lamberston was unloading a truck when Boslett, meat inspect for US Dept. of Agriculture (on duty at time of tort), yelled “boo”, pulled the wool hat over Lamberston’s eyes, climbed on his back and rode him piggyback, until Lambertson fell forward and his face hit some meat hooks on the receiving dock Issue(s): Can Lambertson bring suit against the United States? Was the tort battery? Holding: Decision to dismiss Plaintiff’s action against the US affirmed Analysis: Tort committed was battery, therefore no suit can be brought against the US; assault and battery torts are two exceptions from the Federal Tort Claims Act (allows civil actions against US for “negligent or wrongful act or omission of any employee of the gov’t while acting w/in the scope of his office of employment); essential element for battery in NY is the intent to make contact, not the intent to do injury; Lambertson didn’t sue for battery, he sued for negligence, but Court looks at substance of case


				
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