Proprietors Insurance Company, a Foreign Corporation v. United States of America, Roberts Aviation, Inc., a Colorado Corporation v. United States

Samuel C. McQuade, a civilian security guard for the Arizona Air National Guard, negligently damaged a helicopter owned by appellee Roberts Aviation, Inc. and insured by appellee Proprietors Insurance Company. The question before us is whether McQuade was a federal employee for purposes of the Federal Tort Claims Act (FTCA). The district court held that he was and entered judgment for the appellees. We REVERSE.

At the time of the accident, McQuade was employed as a security guard for the Arizona Air National Guard. He was supervised in his day-to-day activities by James R. Barr, a National Guard technician. Under the National Guard Technicians Act, 32 U.S.C. § 709 (1976 & Supp. IV 1980), a technician such as Barr is a federal employee covered by the FTCA. The district court held that McQuade was also a federal employee and covered by the FTCA because “he was driving a truck owned by the federal government, guarding federal government property, and most importantly was under the day to day control of a federal employee." Roberts Aviation, Inc. v. United States, No. 80-38-T-RMB, slip op. at 6 (D. Ariz. May 7,1981) (unpublished order) (emphasis added).

Prior to enactment of the…