1. Home
  2. Browse Decisions
  3. F.2d
  4. 587 F.2d
  5. 587 F.2d 1013 (1978)
 

SMITH v. UNITED STATES

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.

OPINION

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,...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases