Laurence v. Department of Navy, 94-16011
| Decision Date | 28 June 1995 |
| Docket Number | No. 94-16011,94-16011 |
| Parties | 95 Daily Journal D.A.R. 8477 Matthew LAURENCE, et al., Plaintiffs-Appellants, v. DEPARTMENT OF the NAVY; U.S. Department of Housing and Urban Development; United States of America, Defendants-Appellees. |
| Court | U.S. Court of Appeals — Ninth Circuit |
Richard L. Bowers, The Boccardo Law Firm, San Jose, CA, for plaintiffs-appellants.
Eva M. Plaza and Steven M. Talson, U.S. Dept. of Justice, Washington, DC, for defendants-appellees.
Appeal from the United States District Court for the Northern District of California.
Before: SCHROEDER, BEEZER, and THOMPSON, Circuit Judges.
Plaintiffs, 250 current and past residents of the Midway Village public housing complex in Daly City, California, appeal the district court's grant of summary judgment to the government in their suit under the Federal Tort Claims Act, 28 U.S.C. Secs. 1341(b), 2671-80. Plaintiffs sought damages for personal injuries allegedly caused by the government in connection with the 1944 construction of Midway Village, national defense housing which later became a low-income housing project. The complaint alleges that the government negligently used soil contaminated with lampblack as landfill for the original facility. The published district court opinion fully discusses the suit's background and the parties' arguments. Laurence v. United States, 851 F.Supp. 1445 (N.D.Cal.1994).
The district court granted summary judgment to the government on two separate and independent grounds. One ground was that the challenged activity was performed by an independent contractor. Id. at 1452-53. Under the FTCA, the United States is subject to liability for the negligence of an independent contractor only if it can be shown that the government had authority to control the detailed physical performance of the contractor and exercised substantial supervision over its day-to-day activities. See United States v. Orleans, 425 U.S. 807, 814-15, 96 S.Ct. 1971, 1976, 48 L.Ed.2d 390 (1976); Letnes v. United States, 820 F.2d 1517, 1519 (9th Cir.1987).
We agree with the district court that the independent contractor exception bars liability in this case. The evidence established that the Federal Public Housing Authority ("FPHA") directed the construction of the military housing facility for use by the U.S. Navy. The FPHA contracted with the civilian architectural and engineering firm of Ellinger, Lee & Mitchell ("EL & M") to do a feasibility study, and to survey, design and construct the housing facility. Charles Lee, a name partner in EL & M and the civil engineer in charge of the project, testified in a 1948 eminent domain valuation proceeding that he "signed a contract"...
To continue reading
Request your trial
-
Vallier v. Jet Propulsion Laboratory
...Cir.1995) ("critical question is whether the government supervises and controls the day-to-day operations"); Laurence v. Department of the Navy, 59 F.3d 112, 114 (9th Cir.1995) (finding independent contractor relationship based on government's failure to "exercise[] the requisite `substanti......
-
W.C. & A.N. Miller Companies v. U.S., Civil Action No. 96-00453.
...action based upon alleged contaminated soil used in construction of housing complex to support World War II emergency need), aff'd, 59 F.3d 112 (9th Cir.1995) (affirming on independent contractor exception); Bowman v. United States, 848 F.Supp. 979, 985 (M.D.Fla.1994) (Navy's judgment on th......
- Makoni v. Downs
-
Schuyler v. U.S., 96CV422 J AJB.
...physical performance of the contractor and exercised substantial supervision over its day-to-day actions. Laurence v. Department of the Navy, 59 F.3d 112, 113 (9th Cir.1995). In the instant case, defendant appears to believe it can claim immunity under both the discretionary function except......
-
Environmental Crimes
...(1st Cir. 2006)); see also United States v. Beusch, 596 F.2d 871, 878 & n.7 (9th Cir. 1979). 57. See , e.g. , Laurence v. Dep’t of Navy, 59 F.3d 112, 113 (9th Cir. 1995) (“Under the FTCA, the United States is subject to liability for the negligence of an independent contractor only if it ca......
-
Environmental Crimes
...performance of the contractor and exercised substantial supervision over its day-to-day activities’” (quoting Laurence v. Dep’t of Navy, 59 F.3d 112, 113 (9th Cir. 1995))); see also Harper v. Lockheed Martin Energy Sys., Inc., 73 F. Supp. 2d 917, 922 730 A MERICAN C RIMINAL L AW R EVIEW [Vo......