Garrett Freightlines, Inc. v. United States of America, Charles R. Thoman v. United States

This is an appeal in two consolidated cases from the District of Idaho of an order granting a motion for summary judgment in favor of the defendant United States, appellee herein, under the Federal Tort Claims Act ( 28 U.S.C. § 1346 (b) and § 2671 et seq.), and denying the motion for partial summary judgment of plaintiffs, appellants herein.

The issue is whether or not Sgt. Randall W. Reynolds, a member of the United States Army, was acting within the scope of his employment with appellee United States when he was involved in an automobile accident while driving in the state of Idaho.

THE RECORD:

The evidentiary record is substantially as follows:

On July 30, 1970, Sgt. Reynolds, then stationed at Fort Rucker, Alabama, and living with his wife in private housing, received orders reassigning him to Vietnam and directing him to report to Oakland, California, for transportation to Vietnam. As part of these orders, Reynolds was granted 45 days of authorized leave (described as “delay en route”) and 7 days travel time not charged as leave, for his trip from Alabama to Oakland. Travel pay was authorized on an automobile mileage basis from Alabama to Oakland for travel by…