John E. Lewis and Roseanne M. Lewis v. United States

The issue presented is whether the Government adequately demonstrated that it was a “principal contractor,” and therefore immune from ordinary tort liability under Nevada law, to warrant summary judgment. Because we find that there are genuine issues of fact regarding the amount of control the Government had on the job-site in question, we reverse and remand.

FACTS

The district court set forth the facts underlying this case in its opinion. We restate them briefly.

Plaintiff John Lewis was employed by the Ray N. Bertelsen Company (Bertelsen) when he sustained severe injuries while working on the Rye Patch Dam improvement project in Nevada. He was injured when cables that held a raised dam gate tore loose from their shackles, allowing the gate to fall and hit him as he worked below. Bertelsen was under contract with the United States, the owner of the dam, to make improvements to the dam.

Following his injury, Lewis received benefits under the Nevada Industrial Insurance Act (NIIA), Nev.Rev.Stat. §§ 616.010 et seq., by virtue of coverage provided by Ber-telsen. He then sued the United States under the Federal Tort Claims Act (FTCA), 28 U.S.C. §§ 1346 (b), 2671-2680, for its…