Douglas Shaw v. United States of America and Thomas Boender, an Individual

McKAY, Circuit Judge.

After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assist the determination of this appeal. See Fed.R.App.P. 34(a); 10th Cir.R. 34.1.8. The cause is therefore ordered submitted without oral argument.

I

Plaintiff, Douglas Shaw, an enlisted member of the United States Army, brought this action under the Federal Tort Claims Act (FTCA), 28 U.S.C. §§ 2671-2680 (1982), and its jurisdictional component, 28 U.S.C. § 1346(b) (1982), on a claim for damages arising out of the alleged negligent operation of a…