Patricia A. Davies, Administratrix of the Estate of James W. Davies, Deceased v. United States

Patricia A. Davies, Administratrix of the Estate of James W. Davies, appeals from a judgment of the United States District Court for the Western District of Washington, entered after a bench trial before Honorable Morell E. Sharp, U. S. D. J., which dismissed her complaint under the Federal Tort Claims Act, 28 U.S.C. § 2671 et seq.; 28 U.S.C. § 1346 , on the ground that the concededly negligent employee of the United States of America, Anthony C. Cajka, a Commander in the United States Navy, was not acting within the scope of his employment when he collided with a car being driven by the decedent, James W. Davies, Patricia’s husband.

The only issue on appeal is whether Commander Cajka was acting within the scope of his employment at the time of the accident. In deciding the question, we are bound to apply the state law of Washington. 28 U.S.C. § 1346 (b); McCall v. United States, 338 F.2d 589 (9th Cir. 1964), cert. denied, 380 U.S. 974 , 85 S.Ct. 1334 , 14 L.Ed.2d 269 (1965). Washington law compels affirmance of the lower court judgment for reasons which follow a recitation of the relevant facts as found by the lower court.

Commander Cajka was the project officer for the…