Reynold Floyd Reep v. United States

This is an appeal from a judgment of the United States District Court for the District of Hawaii granting summary judgment in favor of the United States. The district court held that the exclusivity provision of the Federal Employees Compensation Act (“FECA”), 5 U.S.C. § 8116 (c), barred Plaintiff Reep’s action against the United States under the Federal Tort Claims Act (“FTCA”), 28 U.S.C. § 2671 et seq. Reep sued for damages arising from personal injuries allegedly sustained when he was struck by a vehicle operated by an enlisted serviceman on government property. The issue on appeal is whether the district court erred in dismissing Reep’s FTCA action.

Factual Background

Reep, a civilian employee of the Department of the Navy, commenced this action under the FTCA to recover damages for personal injuries sustained in an automobile accident that occurred on January 22, 1974 on a street in the Pearl Harbor Naval Station, Pearl Harbor, Hawaii. Reep was employed as a policeman by the Naval Base Police Department and his general hours of duty were from 6:30 a. m. to 3:00 p. m. On the morning of the accident, Reep arrived at the Pearl Harbor Naval Station at approximately 5:50 a. m.…