LOUIE v. UNITED STATES

No. 84-4386.

776 F.2d 819 (1985)

Clara LOUIE, Representative for Wayne Louie, Deceased, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided November 13, 1985.


Attorney(s) appearing for the Case

Neil J. Hoff, Tacoma, Wash., for plaintiff-appellant.

Gene S. Anderson, U.S. Atty., William Rubidge, Asst. U.S. Atty., Tacoma, Wash., for defendant-appellee.

Before EUGENE A. WRIGHT, PREGERSON and ALARCON, Circuit Judges.


EUGENE A. WRIGHT, Circuit Judge:

Although several issues are raised on appeal, we are concerned primarily with the question: Did the government have a special relationship with an off-duty soldier involved in a fatal accident to make it liable under the Federal Tort Claims Act for a death on a public highway?

FACTS

About 9:00 p.m. on August 12, 1982, Deputy Daniel Hudson of the Pierce County Sheriff's Office stopped a private car driven by James...

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