Saul E. Bramer v. United States

Bramer appeals from a judgment in favor of the United States in this action brought pursuant to the Federal Tort Claims Act, 28 U.S.C. §§ 1346 (b), 2671-80. He sought relief for injuries suffered in a radiation accident which occurred at a government facility. The district court concluded that although New Mexico law would impose liability under the circumstances, federal law precluded relief. In light of recent state court decisions, we find that New Mexico law now does not allow relief in the circumstances of this case. On this ground, we affirm.

I

Los Alamos Scientific Laboratory (LASL) is a nuclear research facility owned by the United States, located on United States Government land in New Mexico, and operated under the auspices of the Atomic Energy Commission (AEC). As authorized under its statutory mandate to insure the continued conduct of research, development and training in various nuclear energy fields, 42 U.S.C. § 2051 (a), the AEC contracted with the University of California (University) for the management and operation of LASL.

Contracts authorized by section 2051(a) must contain “such provisions (1) to protect health, (2) to minimize danger to life or property,…