MEMORANDUM AND ORDER
HUYETT, District Judge.
Defendant, United States of America, has filed a Motion to Dismiss the instant complaint for failure to state a claim upon which relief can be granted.
The action arises from the crash of a Navy airplane piloted by a member of the United States Armed Forces on July 7, 1963 at the Greenhill Day Camp in Horsham, Pennsylvania. Plaintiff, Keystone Insurance Co., insured a vehicle belonging to Brooks and Cobler Consulting Service which was damaged in the accident. The damaged vehicle was repaired for $948.70 and plaintiff paid for the loss less the deductible under its collision policy. Shortly thereafter plaintiff obtained a written subrogation agreement from Brooks and Cobler allowing plaintiff to maintain an action against the defendant for the amount of the property damage. On October 1, 1963, plaintiff notified defendant of its subrogation interest by letter mailed to Willow Grove Naval Air Station, Willow Grove, Pennsylvania.
Meanwhile, Robert C. Brooks, plaintiff's insured, filed suit against defendant for personal injuries and property damage. Plaintiff was not notified of the trial which commenced on September 18, 1968. On September 20, 1968, the jury rendered a verdict in favor of Robert C. Brooks for personal injuries only in the amount of $47,000. There was no award for property damage although an allegation of property damage was included in the suit.
On February 3, 1969, plaintiff received a letter from a representative of defendant that plaintiff's claim was being denied because the September, 1968, verdict was considered to have included an amount for the automobile. The instant action was then filed under the Federal Tort Claims Act, 28 U.S.C. §§ 1346(b), 2671 et seq.
Since the complaint filed by plaintiff's insured, Robert C. Brooks, included an allegation of property damage to the vehicle, defendant contends that the verdict received includes property damage although the specific terms of the verdict did not include such an award. Defendant argues, therefore, that the instant action is barred by the prior judgment in favor of plaintiff's insured.
In an action brought under the Federal Tort Claims Act, whether the plaintiff's complaint states a cause of action should be determined according to the law of the state in which the alleged tortious conduct took place. See Richards v. United States, 369 U.S. 1, 82 S. Ct. 585, 7 L. Ed. 2d 492 (1962). In the instant action, therefore, Pennsylvania law governs.
The Supreme Court of Pennsylvania stated in Spinelli v. Maxwell, 430 Pa. 478, 480, 243 A. 2d 425, 427 (1968):
"[When] personal injuries to a person and damages to his property arise from the same cause and the same tortious act, the person who has sustained such personal injuries and property damage must seek recovery for both in a single action and, if separate actions are instituted for each category of damage and a judgment is rendered in one of such actions, the entry of such judgment has the effect of res judicata and bars recovery in the other action. Such is the view of a substantial majority of jurisdictions in the United States, and to this view Pennsylvania has long adhered. (Citations omitted)."