Louis M. Murray v. United States

On March 1, 1965, at Seal Beach, California, a ship’s party was conducted for the crew of appellee’s vessel, the U.S.S. Colohan. A member of the crew, one Allen, became intoxicated at the party. Later that evening he drove an automobile and collided with another vehicle, killing its driver, appellants’ decedent. The appellants, plaintiffs below, filed this action for damages for alleged wrongful death, proceeding under the provisions of the Federal Tort Claims Act, 28 U.S.C. §§ 1346 , 1402, 2671-2680. They alleged that employees of the United States, acting within the scope of their employment, negligently served alcoholic beverages to Allen when he was obviously intoxicated, when they knew he had an automobile nearby and would thereafter drive it, and when they knew or should have known that his driving in an intoxicated condition would likely result in harm to others using the highway. It was further alleged that the negligence of the Government’s agents was a proximate cause of the decedent’s death. There is no claim that Allen, at the time of the fatal accident, was acting within the scope of his authority as an agent of the Government. Put simply, appellants sought to impose…