HAMM v. U.S.

Docket No. 06-3964-cv.

483 F.3d 135 (2007)

Elizabeth M. HAMM, Plaintiff-Appellant, v. UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided: April 11, 2007.


Attorney(s) appearing for the Case

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

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.

Before KEARSE, CABRANES, and KATZMANN, Circuit Judges.


KATZMANN, Circuit Judge.

This case presents the question of the scope of the government's liability when a military reservist is involved in a car accident on his way to a training exercise. The facts of the matter at hand do not distinguish it from the basic case of an employee who, it is clear under New York law, is not acting within the scope of his or her employment when he or she commutes to work. We therefore affirm the judgment of the district court that the...

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