Edwin Miller and Donna Miller, Executors for Douglas Miller, Deceased v. United States

SCOTT O. WRIGHT, District Judge.

This is an appeal from the final order of the district court, 478 F.Supp. 989, granting defendant’s motion for summary judgment. Plaintiffs brought this action in the district court pursuant to the Federal Tort Claims Act (FTCA), 28 U.S.C. §§ 1346(b) and 2671 et seq., to recover damages caused by the alleged negligence of the defendant which *482resulted in the death of the plaintiffs’ son, Douglas B. Miller.

Douglas Miller was a Private First Class on active duty in the United States Army, assigned to the 47th Engineer Company at Fort Wainwright, Alaska. On June…