Swan Seaberg and Virginia Seaberg, His Wife v. United States

This is an appeal by the Seabergs from an adverse judgment in an action under the Tort Claims Act, 28 U.S.C. § 2671 et seq., tried to the court without a jury. The Seabergs claimed damages for Mrs. Seaberg’s injuries and for the damage to their ear. A judgment was entered dismissing the Seabergs’ action and awarding the United States a money judgment for the damage to its ambulance.

The case raises three questions, (1) whether a state statute or a city ordinance, covering ambulances, should be applied; (2) whether the ambulance driver was otherwise negligent as a matter of law; and (3) whether the court erred in finding Mrs. Seaberg negligent and awarding the Government a judgment on its counter claim.

The facts are not in dispute. Mrs. Seaberg was traveling north on 12 Avenue N.E. in the City of Seattle. The windows in her car were up and her car radio was on. She entered the intersection of N.E. 65th Street on a green traffic light and, an instant before the collision, looked to the left, saw the ambulance, and, for the first time, “heard a low growling sound like a siren.” The ambulance driver testified that he was traveling east on N.E. 65th, slowed to 5 or 10 miles per hour…