Linda E. Lutz, as Parent and Next Friend of Catherine Lutz, a Minor v. United States
Court of Appeals for the Ninth Circuit
1Opinion of the Court
HUG, Circuit Judge:
Linda Lutz brought this action under the Federal Tort Claims Act (“FTCA”), 28 U.S.C. §§ 1346(b), 2671-2680, on behalf of her daughter, Catherine. The child was severely injured by dog bites while residing in base housing at Malmstrom Air Force Base. Lutz claimed that the dog’s owner was negligent in failing to control the animal, and that because the negligent acts occurred within the scope of the dog owner’s Air Force employment, the United States was liable for Catherine’s injuries. The district court concluded that because the dog owner was not acting within the scope of…
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