Shields A. Layne v. United States of America, Shields A. Layne v. United States

The United States, defendant in this Federal Tort Claims Act action, appeals from the district court’s judgment of liability and award of damages in favor of the plaintiff Layne, challenging the finding of liability on the ground that Layne was contributorily negligent as a matter of law and alternatively requesting correction of the allegedly erroneous computation of the damages granted. Layne cross-appeals, claiming that the amount awarded by the district court was insufficient.

FACTS

The trial court found the facts substantially as follows:

At 5:00 p. m. on May 26, 1966, tracked military vehicles belonging to the United States were being operated by its agents in a southerly direction on the unpaved Army tank trail which runs directly adjacent to a two-lane paved public highway, the Richardson Highway, at approximately Mile Twenty-one from Fairbanks, Alaska. The military vehicles caused a large, dense cloud of dust and debris to form and spread across the entire width of the highway, thereby obstructing the visibility of motorists operating their vehicles on the highway. The United States was negligent in maintaining the unpaved tank trail directly adjacent to the highway…