Kendall Norman v. United States of America, Third-Party v. Elwyn Industries, And/or Elwyn, Inc., Third-Party

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• reviewing the contract and noting that it required an on-site supervisor provided by the contractor and disallowed Government direction or supervision of the contractor’s employees
• affirming judgment analyzing motion for relief under FTCA due to tortfeasor’s independent contractor status under rule 12(b)(1)
• refusing to hold the United States liable under Pennsylvania nondelegable premises liability law where doing so would contravene the independent contractor exception
• applying the exception in a slip and fall case where United States had a contract with a maintenance company that gave the company broad responsibilities for and control over daily maintenance
• affirming the district court’s decision in an FTCA case to analyze a motion for relief under 12(b)(1), though the government moved for summary judgment, because the motion concerned subject matter jurisdiction
• affirming application of the independent contractor exception to an individual whose employment was governed by a contract specifying that “Government direction or supervision of contractor’s employees directly or indirectly, shall not be exercised.”

Source: CourtListener parenthetical corpus (CC0).