United States Sixth Circuit

A U.S. Air Force civil attorney was not acting within the scope of his employment under Ohio law when he caused an injury while operating his own vehicle, thus under the Westfall Act the U.S. should not be substituted as defendant in a personal injury action.

Appellate Information

• Decided 04/01/2003
• Published 04/01/2003

Judges

• Before COLE, GILMAN, and BRIGHT, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellant:
  
• Marilyn R. Donoff (briefed), Paul W. Mills (argued and briefed), M.R. Donoff and Associates, Dayton, OH, for Plaintiff-Appellant.


• For Appellees:
  
• Shaun A. Roberts (argued), Stephen C. Findley (briefed), Freund, Freeze & Arnold, Dayton, OH, Timothy P. Heather, Benjamin, Yocum & Heather, Cincinnati, OH, Gregory P. Dunsky (argued), Patrick D. Quinn (briefed), United States Attorney's Office, Dayton, OH, for Defendants-Appellees.