Treamenda Spivey Richard Spivey v. United States of America, and Department of the Navy Michael E. Woodard

CHAPMAN, Circuit Judge:

The United States (the “Government”) appeals an adverse judgment arising from an automobile accident. We affirm in part, vacate in part, and remand for a recalculation of damages.

I

Mrs. Treamenda Spivey and Mr. Richard Spivey sought damages incurred as the result of an automobile accident which occurred on a rainy day near Pranklinton, North Carolina, at about 5 p.m. on July 29, 1985. Michael Woodard, a Navy Recruiter, was driving two potential recruits from Henderson to Raleigh in a government car — a 1981 Plymouth Horizon. Woodard was acting within the scope of his…