[DOWNLOAD] "United States v. Reilly" by United States Court of Appeals for the Tenth Circuit # eBook PDF Kindle ePub Free
eBook details
- Title: United States v. Reilly
- Author : United States Court of Appeals for the Tenth Circuit
- Release Date : January 09, 1967
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 56 KB
Description
LEWIS, Circuit Judge. This is a suit by the government for indemnity or in the alternative, contribution, for the cost of settling five tort actions brought against the United States under the Federal Tort Claims Act, 28 U.S.C. § 1346(b). The tort actions were instituted by representatives of five minor children seeking total damages of $2,210,500 for injuries and death caused by the accidental explosion of a 2.36-inch rocket launcher round or ""bazooka shell."" The amount paid in settlement was $350,000. The government looks to appellee John M. Reilly for indemnity on grounds that his negligence was the sole cause of the accident, or that his negligence was primary and active while the negligence of the United States was merely secondary and passive. The alternate remedy of contribution is sought on grounds that Reilly was a joint tortfeasor and that his liability to the injured parties, as well as the government's, was extinguished by the settlement. The United States District Court for the District of New Mexico dismissed the government's complaint and action for failure to state a claim upon which relief could be granted. This appeal is from that order of dismissal.