Donovan v. McKenna, Civ. A. No. 7516.
Decision Date | 18 October 1948 |
Docket Number | Civ. A. No. 7516. |
Citation | 80 F. Supp. 690 |
Parties | DONOVAN et al. v. McKENNA. |
Court | U.S. District Court — District of Massachusetts |
Bernard Kaplan and Louis Theran, both of Boston, Mass., for plaintiffs.
William T. McCarthy, U. S. Atty. and William J. Koen, Asst. U. S. Atty., both of Boston, Mass., for defendant.
There is before me a motion to amend the complaint so as to add the United States as a party defendant. The plaintiffs brought a tort action in a Massachusetts State Court against one McKenna, an Assistant Collector of Customs, for damages resulting from a collision between a car driven by McKenna and their property. McKenna removed the case to this Court. The motion under consideration was then filed, the contention being made that, under the Federal Tort Claims Act, as amended, 28 U.S.C.A. § 1346(b) the United States is now liable equally with McKenna and that the two actions should be tried together. The United States opposes the motion to amend.
Following the authority and reasoning of Uarte v. United States, D.C., 7 F.R.D. 705, I find that the United States did not consent to such joinder when Congress passed the Act. As was stated in that case, 7 F.R.D. at page 706, I find no language in the Act whereby the Government consented to be sued along with its employees. Furthermore, as stated at page 709 of 7 F.R.D. of the Uarte case, quoting United States v. Sherwood, 312 U.S. 584, 591, 61 S.Ct. 767, 85 L.Ed. 1058, ...
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