Government Emp. Ins. Co. v. Bates, PB 75-C-31.
| Decision Date | 25 June 1975 |
| Docket Number | No. PB 75-C-31.,PB 75-C-31. |
| Citation | 414 F. Supp. 658 |
| Parties | GOVERNMENT EMPLOYEES INSURANCE COMPANY, Plaintiff, v. Arthur BATES, Administrator of the Estate of Arthur Brown Bates, Deceased, et al., Defendants. |
| Court | U.S. District Court — Eastern District of Arkansas |
Winslow Drummond, of Wright, Lindsey & Jennings, Little Rock, Ark., for plaintiff.
W. H. Dillahunty, U. S. Atty., Richard Pence, Asst. U. S. Atty., Little Rock, Ark., for defendant United States.
This is an interpleader proceeding brought pursuant to 28 U.S.C. § 1335. This Court has jurisdiction by reason of the naming of the United States of America as a party defendant, pursuant to 28 U.S.C. §§ 1346 and 2410(a)(5).
This action arises out of an automobile accident wherein Robert Poore, a retired serviceman, drove his automobile in a negligent manner. As a result of his negligence, the accident and resulting injuries occurred. Poore's liability insurance carrier, Government Employees Insurance Company, paid into the registry of the Court the sum of $95,863.93 which, together with advances paid to certain of the injured, was the limit of its liability under the policy. Pursuant to stipulation of all parties, all of the funds in the registry have been paid out to the respective parties under prior Order of this Court, with the exception of the sum of $3,481.90. This sum is claimed by the United States.
The claim of the United States is based upon the Medical Care Recovery Act, 42 U.S.C. §§ 2651-2653. It is established that the United States provided medical services and care for Mrs. Edna Poore as a dependent of a retired serviceman under the "CHAMPUS" program and paid out the amount claimed for this care and service for treatment of the injuries Mrs. Poore sustained in the accident involved herein.
Mrs. Poore was a guest-passenger in the automobile being driven by her husband. The law of Arkansas is applicable, and under the provisions of Ark.Stats.Ann. §§ 75-913, 75-915, Mrs. Poore would not have a cause of action against her husband as operator of the vehicle in which she was injured as a guest-passenger. However, in construing the Medical Care Recovery Act, the Courts have uniformly held that the United States is not merely subrogated to the injured party's claim, but has an independent cause of action under the Act, not subject to the vagaries and inconsistencies of the laws of the various states.
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...(Tex.Civ.App.1964). The Court feels that the cases of United States v. Forte, 427 F.Supp. 340 (D.Del. 1977) and Gov't Employees Ins. Co. v. Bates, 414 F.Supp. 658 (E.D.Ark.1975) rely excessively on United States v. Moore, 469 F.2d 788 (3d Cir. 1972). While both of these district court cases......
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