Federal Employees' Liability since the Federal Employees Liability Reform (and) Tort Compensation Act of 1988 (The Westfall Act)
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Authors
Morris, Daniel A.
Issue Date
1992
Volume
25
Issue
Type
Journal Article
Language
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Abstract
INTRODUCTION|The Federal Tort Claims Act was amended by the Federal Employees Liability Reform & Tort Compensation Act of 1988 in response to the United States Supreme Court case of Westfall v. Erwin. In Westfall, the Supreme Court significantly altered the balance between the public interest in granting federal government employees immunity from personal suits and the right to sue those employees, personally, for damages arising from their tortious acts.|In the 1988 Westfall decision, the Supreme Court addressed the rights of William Erwin, a civilian employee of the federal government, to bring a tort action against federal employees. Erwin was employed as a civilian warehouseman when he inhaled toxic soda-ash dust that he alleged was negligently and improperly stored. Consequently, Erwin suffered from chemical burns to the eyes and throat, and filed a complaint in state court against his supervisors. The complaint charged the supervisors with negligence "in proximately causing, permitting, or allowing [him] to inhale ... soda ash."...
Description
Citation
25 Creighton L. Rev. 73 (1991-1992)
Publisher
Creighton University School of Law