Keener v. Department of the Army

OPINION

MUIR, District Judge.

I. Introduction.

The Keeners bring this action pursuant to the Federal Tort Claims Act, 28 U.S.C. §§ 2671 et seq., and invoke the Court’s jurisdiction under 28 U.S.C. § 1346(b) seeking to recover damages for injuries caused by a motor vehicle accident between Plaintiffs’ vehicle driven by Mr. Keener and a vehicle owned by the United States and driven by Army Sergeant Robert Alan Ludwig. The accident occurred shortly after midnight on December 17, 1976. The issue whether Sergeant Ludwig was acting within the scope of his employment at the time of the accident was…