Salter v. APHIS Transportation Inc.

August 10, 2023

The new SunRunner bus route has exceeded ridership projections in its first 100 days, but officials say they need to find ways to keep it going. "We’re kind of spoiled right now because it’s free," said Selmar Salter, 32, a maintenance worker who has ridden the route to work every day since its October debut. "Sometimes it feels like a hotel on wheels."

In addition to his claim for negligence, Salter also claims that the Defendant is liable under the Federal Tort Claims Act (“FTCA”) for his loss of consortium with his wife Carol. Salter’s claim for loss of consortium is based on his alleged exposure to pesticides that he alleges caused him mental, emotional, and physical injury.

The Defendant’s Motion for Summary Judgment seeks to dismiss Salter’s claim on the basis that it did not owe him a duty and that his reliance upon the Cooperative Agreements takes this case outside of the limited waiver of sovereign immunity provided by the FTCA. The Court will deny the Defendant’s motion for summary judgment to the extent that it relies on its argument that APHIS did not owe Salter a duty and that Salter’s alleged contributory negligence bars recovery. Moreover, the Court will also deny the Defendant’s Motion for Summary Judgement to the extent that it relies on its contention that the FTCA provides no remedy for Carol Salter’s alleged loss of consortium. The Court’s opinion will address these arguments separately.


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