Erlinda Ubaldo Clamor v. United States

Opinion by Judge HAWKINS; Dissent by Judge TALLMAN.

MICHAEL DALY HAWKINS, Circuit Judge:

Erlinda Clamor appeals the district court’s dismissal of her tort claim which arose from a car accident on the Pearl Harbor Naval Base with James Karagior-gis, a civilian employee. The district court concluded that Karagiorgis had been acting within the scope of his employment as a federal employee at the time of the accident, and that therefore the case was governed by the Federal Tort Claims Act (“FTCA”). The district court dismissed the case because Clamor had failed to exhaust her administrative…