Linda E. Lutz, as Parent and Next Friend of Catherine Lutz, a Minor v. United States

Linda Lutz brought this action under the Federal Tort Claims Act (“FTCA”), 28 U.S.C. §§ 1346 (b), 2671-2680, on behalf of her daughter, Catherine. The child was severely injured by dog bites while residing in base housing at Malmstrom Air Force Base. Lutz claimed that the dog’s owner was negligent in failing to control the animal, and that because the negligent acts occurred within the scope of the dog owner’s Air Force employment, the United States was liable for Catherine’s injuries. The district court concluded that because the dog owner was not acting within the scope of his employment, there could be no liability under the FTCA. We disagree with that conclusion and reverse the district court judgment.

I

The injury to Catherine Lutz occurred in August, 1978, when she was two years old. Catherine’s father was an Air Force enlisted man, and the family resided in base housing at Malmstrom Air Force Base, near Great Falls, Montana. It was Air Force policy to encourage enlisted persons to live in base housing. Those choosing to live off-base had to obtain permission, and the housing allotment provided for enlisted persons was insufficient to cover off-base rentals. As a result, a…