John C. Van Houten v. Ray Arthur Ralls and Gerald L. Byington

John C. Van Houten commenced a suit against the United States and two employees of the federal Government in the United States District Court for the District of Nevada. He sought to recover damages for injuries sustained when an automobile in which he was riding as a passenger collided with another vehicle due to the alleged negligence of both drivers. Both drivers, Ray Arthur Ralls and Gerald L. Bying-ton, and Van Houten himself, were employees of the United States acting within the scope of their employment at the time of the accident. Insofar as the United States was concerned, subject-matter jurisdiction was asserted under the Federal Tort Claims Act, 28 U.S.C. § 1346 (b) (1964), and the Federal Drivers Act, 28 U.S.C. §-2679(b)-(e) (1964).

The Government moved for summary judgment dismissing the action as to the United States on the ground that, as a Government employee injured during the course of his employment, Van Houten’s sole remedy against the United States was his right to benefits under the Federal Employees’ Compensation Act (FECA), 5 U.S.C. (Supp. II) (1967) §§ 8101 et seq. A motion was also made to dismiss the action as to the personal defendants on the ground…