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CANNON v. U.S.

Nos. 02-4059, 02-4066.

338 F.3d 1183 (2003)

M. Louise CANNON and Allan Robert Cannon, Individuals, Plaintiffs-Appellees/Cross-Appellants, v. UNITED STATES of America, Defendant-Appellant/Cross-Appellee.

United States Court of Appeals, Tenth Circuit.

August 11, 2003.

Attorney(s) appearing for the Case

Ryan M. Harris (Anthony L. Rampton with him on the briefs), of Jones, Waldo, Holbrook & McDonough, Salt Lake City, UT, for Plaintiffs-Appellees/Cross-Appellants.

Gay Elizabeth Kang, Trial Attorney, Torts Branch, Civil Division (Paul M. Warner, United States Attorney, Daniel D. Price, Assistant United States Attorney, Robert D. McCallum, Jr., Assistant Attorney General, J. Patrick Glynn, Director, Torts Branch, Civil Division, Joann J. Bordeaux, Deputy Director, Torts Branch, Civil Division, and David S. Fishback, Assistant Director, Torts Branch, Civil Division, with her on the brief), United States Department of Justice, Washington, DC, for Defendant-Appellant/Cross-Appellee.

Before LUCERO, BALDOCK, and O'BRIEN, Circuit Judges.

BALDOCK, Circuit Judge.

The Federal Tort Claims Act (FTCA) waives the sovereign immunity of the United States for certain tort claims "accruing on or after January 1, 1945 ... under circumstances where the United States, if a private person, would be liable to the claimant in accordance with the law of the place where the act ... occurred." 28 U.S.C. § 1346(b). Under the FTCA's limited waiver of sovereign immunity, "[a] tort claim against the United States shall...

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