United States Second Circuit

Dismissal of case for lack of subject matter jurisdiction under the Federal Tort Claims Act is affirmed as the general New York rule that employees are not acting within the scope of their employment when commuting to work applies to a military reservist who was traveling from his home to the U.S. Army Reserve Center, thus the U.S. cannot be liable under respondeat superior.

Appellate Information

• Decided 04/11/2007
• Published 04/11/2007

Judges

• KATZMANN, Circuit Judge., Before KEARSE, CABRANES, and KATZMANN, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Donald W. O'Brien, Jr., Woods Oviatt Gilman LLP, Rochester, NY, for Plaintiff-Appellant.


• For Appellees:
  
• Christopher V. Taffe, Assistant United States Attorney, for Terrance P. Flynn, United States Attorney for the Western District of New York (Kristin Zook, law clerk, on the brief), for Defendant-Appellee.