Woolf et al v. United States of America

Filing 52

Judge George A. OToole, Jr: ORDER entered denying 43 Motion for Summary Judgment (Halley, Taylor)

UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS
CIVIL ACTION NO. 12-11351-GAO
DENISE WOOLF, DARREN WOOLF,
and DARREN M. WOOLF,
Plaintiffs,
v.
UNITED STATES OF AMERICA,
Defendant.

ORDER
March 9, 2016
O’TOOLE, D.J.
The government has moved for summary judgment in this negligence case under the
Federal Tort Claims Act on two grounds: (1) that its employees were not acting within the scope
of their employment at the time of the plaintiff’s injury and (2) that the Feres doctrine bars
Sergeant, First Class, Darren Woolf’s derivative claim for relief, see Feres v. United States, 340
U.S. 135 (1950). As to the first issue, there is clearly a dispute of material fact concerning the
scope of employment. This case should proceed to trial. The government’s motion for dismissal
of SFC Woolf’s claim on account of the Feres doctrine is denied without prejudice. The
government may seek renewal of its motion on the Feres doctrine at the end of trial. The
government’s Motion for Summary Judgment (dkt. no. 43) is DENIED.
It is SO ORDERED.
/s/ George A. O’Toole, Jr.
United States District Judge