Anthony F. Noga, Special Administrator of the Estate of Peter Anthony Noga, Deceased v. United States

Peter Anthony Noga brought this action against the United States under the Federal Tort Claims Act, 28 U.S.C. §§ 1346 (b), 2671-2680 (1964). He sought damages for grievous personal injuries, from which he later died, sustained in an automobile accident. According to the complaint, the collision was caused by the negligence of the driver of the vehicle in which he was riding. The driver was a Government employee then acting within the scope of his employment.

The United States moved for summary judgment dismissing the action. The Government pointed out that plaintiff Noga was himself a Government employee acting within the scope of his employment at the time of the accident and asserted that his sole remedy against the Government is therefore under the federal employees compensation system. The motion was granted, the action was dismissed and plaintiff appeals.

Prior to the enactment, in 1961, of the Federal Drivers Act, 28 U.S.C. § 2679 (b)-(e) (1964), the exclusive remedy against the United States by a civilian employee for personal injuries sustained in the performance of his duties, as the result of the negligence of a fellow employee, was under the FECA. But such injured…