Charles Goodwin v. United States

The district court awarded judgment to appellee, plaintiff below, in his Federal Tort Claims Act action, 28 U.S.C. §§ 1346 (b), 2671 et seq.

Appellee was injured while employed by an independent government contractor in Montana. The contract between the contractor and the United States required that “the contractor shall obtain workmen’s compensation insurance in accordance with the requirements of the laws of the State in which the work is to be performed.” The contract also stated that the government’s project engineer was “responsible for compliance with plans and specifications and is authorized to make changes thereof that do not affect price or time. He is also responsible for compliance with all labor provisions.” The contractor failed to obtain workmen’s compensation insurance. And appellee was unable to recover on a state court judgment against the contractor because the contractor was judgment-proof.

Appellee thereupon sued the United States under the F.T.C.A. on the theory (1) that the government had a contractual duty to make sure that the contractor obtained the insurance, (2) that under third party beneficiary principles, the duty ran to appellee, (3) that…