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JONES v. UNITED STATES

No. 345, Docket 31883.

399 F.2d 936 (1968)

Herman J. JONES, as Administrator of the Estate of Lawrence P. Jones, Deceased, Herman J. Jones and Genevieve Jones, Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-Appellee. UNITED STATES of America, Third-Party Plaintiff-Appellant, v. HAWKES AMBULANCE SERVICE, INC., Third-Party Defendant-Appellee. HAWKES AMBULANCE SERVICE, INC., Fourth-Party Plaintiff-Appellant, v. METROPOLITAN EQUIPMENT CORPORATION and Superior Coach Corporation, Fourth-Party Defendants-Appellees.

United States Court of Appeals Second Circuit.

Decided September 4, 1968.

Attorney(s) appearing for the Case

Lionel Alan Marks, New York City, for plaintiffs-appellants; David M. Palley, New York City, on the brief.

Lawrence W. Schilling, Asst. U. S. Atty. (Robert M. Morgenthau, U. S. Atty. and Alan G. Blumberg, Asst. U. S. Atty., Southern District of New York on the brief), for defendant-appellee and third-party plaintiff-appellant.

Raymond C. Green, New York City (Joseph M. Soviero, New York City, on the brief), for third-party defendant-appellee-appellant, Hawkes Ambulance Service, Inc.

Edward L. Milde and James M. Gilleran, New York City, on the brief for fourth-party defendant-appellee, Metropolitan Equipment Corp.

Sheila L. Birnbaum, New York City (Emile Z. Berman, A. Harold Frost and Howard Lester, New York City, on the brief), for fourth-party defendants-appellees, Superior Coach Corporation.

Before LUMBARD, Chief Judge, FRIENDLY, Circuit Judge, and BLUMENFELD, District Judge.

LUMBARD, Chief Judge.

Plaintiffs appeal from a judgment dismissing the complaint after a nonjury trial before Judge Weinfeld in the Southern District of New York. The action was brought under the Federal Tort Claims Act, 28 U.S.C. §§ 1346(b), 2671-80, to recover damages for the alleged wrongful death of Lawrence Jones, an employee of Hawkes Ambulance Service, who sustained fatal injuries when he fell from a moving ambulance on March 25, 1963. At the time...

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