Roselyn Robbins and Jeffrey Robbins v. United States

ARNOLD, Circuit Judge.

This case arose out of a motor vehicle collision on Interstate 70 in Montgomery County, Missouri, in which Roselyn Robbins was severely injured. Robbins and her husband 1 sued the United States under the Federal Tort Claims Act, 2 alleging that Marvin R. Loper, a Major in the United States Air Force, was acting within the scope of his employment when he negligently caused the collision. The District Court, 553 F.Supp. 598, held a trial limited to the issue of scope of employment 3 and dismissed the action 4 after concluding that, under Missouri law as interpreted in…