West

MEMORANDUM

Martha West brings this action under the Federal Tort Claims Act ( 28 U.S.C. § 1346 (b)) alleging that she was injured in a collision which was caused by negligence on the part of governmental agents during a high-speed pursuit. On January 19, 1983 immigration agents working the San Clemente checkpoint stopped a person suspected of smuggling at a secondary area for questioning. The automobile sped away and two of the agents took off in pursuit. They traveled approximately 10 miles on Highway 5 and then saw a number of brake lights flashing ahead of them. When they came upon the scene they found that the pursued car had made a dangerous lane change and had struck several automobiles also northbound, including that of the plaintiff. Plaintiff seeks to hold the government liable for her damages and injury úpon the theory that the officers’ pursuit of the suspect was reckless and created a danger to the other users of the highway, thereby breaching their statutory duty to drive with due regard for the safety of all persons using the highway.

In order for damage to be compensable under a negligence theory there must be (1) a legal duty to use due care; (2) breach of the…