No. 78-1051.

587 F.2d 1013 (1978)

Elmira SMITH, Administratrix of the Estate of Gary Smith, Deceased, and Elmira Smith in her own right, and Elmira Smith, as parent and natural guardian of Rhonda Lee Smith and Gary Joseph Smith, Jr., Appellants, v. UNITED STATES of America.

United States Court of Appeals, Third Circuit.

Decided November 27, 1978.

Attorney(s) appearing for the Case

Louis Samuel Fine, Fine, Staud & Grossman, Philadelphia, Pa., for appellants.

Robert M. deLuca, U. S. Atty. by Walter S. Batty, Jr. and Alexander Ewing, Jr., Asst. U. S. Attys., Philadelphia, Pa., for appellee.

Before ALDISERT and HIGGINBOTHAM, Circuit Judges, and STERN, District Judge.


STERN, District Judge.

The issue presented by this appeal is whether the district court erred in deducting appellant's Social Security Survivor benefits from her recovery under the Federal Tort Claims Act, 28 U.S.C. §§ 1346(b) and 2671 et seq. ("FTCA"). We hold that, where applicable state law recognizes the "collateral source" doctrine, Social Security benefits should not be deducted from a recovery under the FTCA. Accordingly,...

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