Amy E. Carrillo, Individually and as Personal Representative of the Estate of Tyler Priest, Deceased v. United States

I. INTRODUCTION

Plaintiff-Appellant Amy Carrillo appeals from the district court’s entry of summary judgment against her in this Federal Tort Claims Act (“FTCA”) action. Carrillo claims that the United States is liable for the alleged negligence of Dr. Carl Ozimek, a civilian pediatrician whose employer, Pediatric Providers, P.S., contracted to provide pediatric care at Madigan Army Medical Center. The district court held that Dr. Ozimek was an independent contractor and not an employee of the United States, and therefore the government was not responsible under the FTCA for Ozimek’s alleged negligence. We agree with the district court and AFFIRM.

II. FACTS

The district court found that the facts were essentially undisputed, and the parties do not dispute them here.

This case arises out of the alleged negligence of Dr. Carl Ozimek. Dr. Ozimek is a pediatrician employed by Pediatric Providers, P.S.

Pediatric Providers contracted with the government to operate a pediatries clinic at Madigan Army Medical Center (“Madigan”). This contract stated in essence that Madigan would provide “facilities, ancillary support, and therapeutic services, and equipment and supplies.” Pediatric…