Joye N. Pierson, Individually and as Administratrix of the Estate of Douglas J. Pierson, Deceased v. United States

OPINION

Before KOELSCH and SNEED, Circuit Judges, and FIRTH, * District Judge. SNEED, Circuit Judge:

This case comes to us on an appeal from an order of the district court granting the motion of the United States for summary judgment against Mrs. Pierson in her suit under the Federal Tort Claims Act, 28 U.S.C. § 1346 (1970). Our jurisdiction rests on 28 U.S.C. § 1291 (1970). The district court held that as a matter of law the facts before it did not support a cause of action under the Federal Tort Claims Act and dismissed Mrs. Pierson’s suit. This constitutes error. We reverse and remand for…