Frank T. Solmitz, by and Through His Guardian Ad Litem Patricia Solmitz v. United States

Frank T. Solmitz appeals from a judgment dismissing his federal tort claims action. He contends that the district court erred in rejecting, as a matter of law, his theory that the road on which he suffered his injury was owned by the United States.

Solmitz was struck by a bicyclist while crossing Cyclotron Road, near the Lawrence Nuclear Research Laboratory at the University of California, Berkeley. Solmitz sued the United States on the theory that under California law, the government, as owner of the premises, was liable for his injuries because it negligently maintained the road, and inadequately lit and marked the crosswalk. The parties agreed to a bifurcated trial so that the court first could interpret a series of contracts between the government and the University of California to determine whether the government “owned” Cyclotron Road.

Prime Contract: In 1943 the University and the government contracted for federal use of University property for nuclear research. The contracting parties agreed to lease presently existing structures and to execute occupancy agreements for future structures and improvements. The University retained title to the underlying ground. The…