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The Postal Service, Farringer's employer, requires its rural postal carriers to furnish their own vehicle (Farringer's was a pick-up truck) in making their rounds. The Postal Service's rule guarantees that its mailmen will drive to and from work, and by doing this, it increases the amount of driving compared to a system in which, since the mailman does not need to have his own car at work, he can take a train or bus or join a car pool. While driving to work, Farringer, a rural mailman, struck a car driven by P, killing the decedent. P sued D under the Federal Tort Claims Act, 28 U.S.C. §§ 1346(b), 2671 et seq., with a pendent-party claim under state law against Farringer. P's claim was that Farringer's negligence in failing to yield the right of way to P at an intersection was the cause of the accident. D moved for summary judgment. The judge ruled that the accident had not occurred within the scope of Farringer's employment by the Postal Service. P appealed.

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