Edward H. Gonzales, Individually, and Mark E. Gonzales and Karen A. Gonzales, Minors, by Edward H. Gonzales, Their Next Friend v. United States

The appellant, Edward Gonzales, individually, and as guardian ad litem for his two minor children, appellants Mark and Karen Gonzales, brought this action under the Federal Tort Claims Act, 28 U.S.C. § 1346 (b), and Chapter 171 of Title 28, U.S.C., against the appellee, the United States, for the death of his wife and their mother, Nancy Gonzales, and for personal injuries to his daughter, Karen Gonzales. Nancy Gonzales’s death and her daughter Karen’s injuries resulted when their car was struck by a car driven by Francis Shee-han, a Navy enlisted man, who was driving home after drinking beer at a bar located on, and operated by, a naval air station. The case was tried to the court and judgment was entered for the defendant. We affirm.

FACTS

The United States, through the Department of the Navy, operates and maintains a naval establishment in San Diego County, California, known as Naval Air Station Mir-amar. The Satellite Club, commonly known as the Acey Ducey Club, is a service club operated and maintained as a non-appropriated fund activity of the air station. The club engages in the sale of food and intoxicating liquors, under regulations promulgated by the Department of Navy…