United States v. Fernando S. Forfari

The United States here appeals from a judgment of the District Court awarding Fernando S. Forfari damages in the amount of $12,673.26. Forfari’s action was based on provisions of the Federal Tort Claims Act (28 U.S.C. 1346(b)). Jurisdiction in this court rests on 28 U.S.C. § 1291 .

The accident giving rise to the suit occurred on November 21, 1951, in the Commissioned Officers’ Mess at Mare Island Naval Shipyard, Vallejo, California. Forfari, a chef, sustained personal injuries when he slipped and fell down a flight of stairs which led from the kitchen to the employees’ washroom in the Officers’ Mess. The District Court found that the injuries were proximately caused by the negligence of the United States in certain particulars not here relevant.

The Government attacks this judgment by contending: (1) that Forfari was an employee of the United States and is therefore barred from bringing an action under the Federal Tort Claims Act, and/or (2) that Forfari, as an employee of a non-appropriated fund instrumentality of the United States, is precluded from bringing this action because of his recovery under the California Workmen’s Compensation Act, West’s Ann.Labor Code, § 3201 et…