Miller v. United States

TACHA, Chief Circuit Judge.

Plaintiffs-Appellants John and Joan Miller seek relief under the Federal Tort Claims Act (“FTCA”), 28 U.S.C. §§ 1346(b), 2671-2680, for injuries resulting from a car accident that occurred in the State of Utah. The District Court dismissed the action under Fed.R.Civ.P. 12(b)(6). We take jurisdiction under 28 U.S.C. § 1291 and AFFIRM.

I. BACKGROUND

John and Joan Miller were injured in a car accident caused by Arthur Valle, an employee of the United States Air Force, who had been drinking at the Non-Commissioned Officers’ Club at Hill Air Force Base prior to the…