Peter H. Doggett v. United States
Court of Appeals for the Ninth Circuit
1Opinion of the Court
TANG, Circuit Judge:
Doggett appeals the district court’s dismissal for lack of jurisdiction of his Federal Tort Claims Act (FTCA) suit arising from an automobile accident caused by an intoxicated serviceman. The district court dismissed the action on the grounds that under California law the provider of alcoholic beverages is immune from tort liability and that no employee of the United States had the requisite “special relationship” with the intoxicated serviceman to create a duty to control his behavior. We affirm in part and reverse in part.
I. BACKGROUND
On October 6, 1983, Mark Patrick…
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