Does the Federal Trade Association waiver of sovereign immunity apply to a plaintiff in a motor vehicle accident?

MultiRegion, United States of America

The following excerpt is from Tucker v. United States, 17-640-cv (2nd Cir. 2017):

The FTCA sets out a limited waiver of sovereign immunity for selected tort claims. Caban v. United States, 728 F.2d 68, 72 (2d Cir. 1984). When a tort claim arises "[t]he United States shall be liable . . . in the same manner and to the same extent as a private individual under like circumstances." 28 U.S.C. 2674; see id. 1346(b)(1). This Court applies the law of the state where the claim would accrue if the defendant were a private individual, which is usually the state where the incident occurred.

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