dual capacity

Dual capacity
- Employer must be acting as a third party vis-à-vis the employee
(Schmid v United States, 1987, 826 F2d 227- the court stated that it did not have to decide the validity of the dual capacity doctrine since the doctrine only applies if the employer was acting via-a vis the employer in manner entirely unrelated to its capacity as an employer and , in the case before the court, the injury occurred on land owned by the government , and in which the government encouraged its employees to play; thus, the plaintiff’s injuries were sustained in the course of an activity sufficiently related to the employment, and the government’s role was related to its status as employer, and the doctrine was not applicable.
- (Wright v united states, 717 F.2d 254, Employee of Veterans Administration hospital brought action against the United States under the Federal Tort Claims Act to recover for throat injuries allegedly sustained when hospital applied and operate...