Montgomery v. United States

ORDER: (1) GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT; (2) DIRECTING DEFENDANT TO FILE RENEWED MOTION FOR SUMMARY JUDGMENT; (3) VACATING PRETRIAL CONFERENCE

Presently before the Court is Defendant’s motion for summary judgment. (Doc. No. 16.) Also before the Court are Plaintiffs opposition and Defendant’s reply. (Doc. Nos. 22 (Opp’n), 24 (Reply).) Having reviewed the parties’ arguments and the law, the Court GRANTS Defendant’s motion.

BACKGROUND

This Federal Tort Claims Act action arises out of a slip and fall accident that occurred while Plaintiff was employed as a contract nurse at Naval Medical Center San Diego (NMCSD). (Doc. No. 1 (Compl.) ¶¶ 1-2.) The following facts are not in dispute: In February 2008, Plaintiff was an experienced circulating nurse with eight years of experience. (Doc. Nos. 16-2 to -3 (Exs. ISO MSJ) Ex. B (PL’s Dep.), at MS J_0021 to _0029.) At the time, she was an employee of TCMP (id. at MSJ-0029), which contracted with the U.S. Navy to provide healthcare workers to NMCSD (Ex. A ISO MSJ (Budge Decl.) ¶ 5). On February 8, 2008, while circulating for a vascular surgery in NMCSD operating room 11, Plaintiff slipped on a puddle of saline and fell.…