Quimbee logo
DMCA.com Protection Status
From our private database of 16,500+ case briefs...

Lambertson v. United States

United States Court of Appeals for the Second Circuit
528 F.2d 441 (1976)


Richard Lambertson (plaintiff) worked at a plant in Syracuse, New York. He was unloading a meat shipment at the plant’s receiving dock when William Boslet jumped on his back, pulled his wool cap over his eyes, and screamed, “boo.” Lambertson fell forward and hit his face on some nearby meat hooks, seriously injuring his mouth. Boslet apologized to Lambertson, and witnesses to the incident agreed that Boslet had not intended to injure him. Boslet was a meat inspector working for the United States Department of Agriculture (USDA). Lambertson sued the United States under the Federal Tort Claims Act (the act), 28 U.S.C. § 1346(b). The act allows civil suits against the federal government for injuries caused by the negligence of federal employees acting within the scope of their employment. However, the act expressly prohibits suits for injuries from assaults or battery. The trial court dismissed Lambertson’s suit, reasoning that Boslet’s behavior was not actionable under the act because it constituted a battery. Lambertson appealed, arguing that the injuries he suffered from Boslet were the result of Boslet’s negligence, because Boslet did not intend to hurt Lambertson.

Rule of Law


Holding and Reasoning (Van Graafeiland, J.)

Concurrence (Oakes, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 417,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 16,500 briefs, keyed to 223 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Questions & Answers

Have a question about this case?

Sign up for a free 7-day trial and ask it

Sign up for a FREE 7-day trial