Lambertson v. United States

Richard Lambertson (plaintiff), unloading meat at a Syracuse plant, was injured when USDA meat inspector William Boslet jumped on his back, pulled his cap over his eyes, and yelled 'boo' as a joke; Lambertson fell forward onto meat hooks and badly injured his mouth. Everyone agreed, including Boslet's own apology, that Boslet never intended to hurt Lambertson. Lambertson sued the United States under the Federal Tort Claims Act, which allows suits over federal employees' negligence but expressly excludes suits arising from assault or battery; the trial court dismissed, reasoning Boslet's conduct was a battery rather than negligence, and Lambertson appealed, arguing the lack of intent to injure meant this was negligence, not battery.