Vantrease v. United States

Plaintiff was injured while within the scope of his employment as a mail carrier for the United States Post Office when struck by a car driven by another Post Office employee, Cameron, who was also within the scope of his employment. Plaintiff received benefits under the Federal Employees Compensation Act (5 U.S.C. § 751 et seq.) (now recodified, 5 U.S.C. (Supp. II) § 8101 et seq.) and then brought a common law negligence action against Cameron in the state courts of Michigan. Upon certification by the United States Attorney that Cameron was acting within the scope of his employment at the time of the incident, the cause was removed to the United States District Court for the Western District of Michigan under the Federal Drivers Act (28 U.S.C. § 2679(d)), and the United States was substituted as the party defendant. From the District Courts order dismissing the action on the governments motion for summary judgment, and denying plaintiffs motion to remand the cause to the state courts for his negligence claim against Cameron, plaintiff appeals.