Peets

Peets v. United States

Good Law
165 F. Supp. 177·1958 U.S. Dist. LEXIS 3663
United States District Court, Southern District of CaliforniaSeptember 18, 1958Civ. No. 337-57-TCCalifornia2,664 words

Opinion

lead Opinion

Holtzoff, J.

(Sitting by designation).

This is an action by a husband and wife against the United States to recover damages for personal injuries sustained by the wife, the suit being brought under the Federal Tort Claims Act, 28 U.S.C.A. §§ 1346 , 2671-2680. The plaintiffs were visiting their son at Fort Ord, California, the son being stationed there while in the military service. The plaintiffs had dinner at the Post Exchange Cafeteria, and while leaving the building the female plaintiff stepped off a ramp leading from the exit door to the sidewalk, fell and was injured.

The evidence discloses . the following facts. As stated, the plaintiffs’ son was in the military service and was stationed at Fort Ord. On certain days the military authorities encouraged servicemen on duty at that Army post to invite members of their families and friends to visit them. On March 16, 1956, in accordance with such an invitation, the plaintiffs visited their son. They were accompanied by their daughter and another young lady who was a friend of the son. After arriving at Fort Ord in the early evening and registering at a guest house, as was the usual practice, they went to have dinner at the Post Exchange…

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