Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

MCNICHOLAS v. UNITED STATES

January 13, 1964

AGNES
v.
MCNICHOLAS, PLAINTIFF, V. UNITED STATES OF AMERICA, DEFENDANT.



The opinion of the court was delivered by: Wham, District Judge.

FINDINGS OF FACT

1. Plaintiff was a member of a volunteer organization which, in the words of her complaint, was engaged on the day of the alleged accident

    "* * * in providing recreational activities for
  patients of the West Side Veterans Administration
  Hospital at 820 South Damen Avenue in the City of
  Chicago, and State of Illinois, by providing
  refreshments and entertainment for said patients
  with the prior approval and consent of the
  Recreational Director and officials of said
  hospital * *"

2. Plaintiff was herself present on the day of the alleged accident to participate personally in the activities of her volunteer organization. As stated in her affidavit filed as part of her brief in opposition to the Motion of the United States, she had herself brought coffee and cookies that were to be served as part of the activities on the day, and

    "* * * that her purpose, and the purpose of the
  other ladies, in being present on the date in
  question was to assist in the conduct of a bingo
  game for the patients, and to provide prizes for
  the winners * * *"

3. The alleged accident took place while plaintiff was present in the hospital as a member of her volunteer group, present for the purposes thus stated by her, in a room where those purposes were being carried out.

4. No allegation has been made by either party that an express contract or agreement of employment existed between plaintiff and the United States of America, and the allegations by plaintiff in her affidavit that no express agreement or contract was ever made are taken as true for purposes of considering the Motion of defendant.

5. No allegations have been made by either party that plaintiff was to be compensated in any form or amount, or ever was compensated, for her services, and the allegations by plaintiff in her affidavit that her services were wholly voluntary and uncompensated are taken as true for purposes of considering the Motion of defendant.

CONCLUSIONS OF LAW

From the foregoing facts the Court concludes that:

1. An employee of the United States to whom the Federal Employees' Compensation Act is available is precluded from recovery under the Federal Tort Claims Act. Johansen v. United States, 343 U.S. 427, 72 S.Ct. 849, 96 L.Ed. 1051 (1952); Patterson v. United States, 359 U.S. 495, 79 S.Ct. 936, 3 L.Ed.2d 971 (1959); United States v. Meyer, 200 F.2d 110, (C.A.5, 1952); Sasse v. United States, 201 F.2d 871 (C.A.7, 1953).

2. The question of whether an employment relationship existed between the plaintiff and the United States of America must be determined by reference to Federal law. Pattno v. United States, 311 F.2d 604 (C.A.10, 1962); Courtney v. United States, 230 F.2d 112, 114, 57 A.L.R.2d 1444 ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.