Barbara Ann Washington, Individually, and as Guardian Ad Litem For: Christa M. Washington, a Minor v. United States

Barbara Ann Washington brought suit on her own and her minor daughter Christa’s behalf against the United States of America (the government) and two members of the United States Navy, Larry Bar-tole and Neil Cleaves, for injuries suffered by Christa at the U.S. Naval Housing Quarters, Point Mugu, California. Jurisdiction was under the Federal Tort Claims Act, 28 U.S.C. § 2671 et seq. The mother’s claim was dismissed for lack of subject matter jurisdiction because she had not filed an administrative tort claim with the Navy, 38 U.S.C. § 2675 (a). Christa’s claim was tried to the court, which made findings of fact and conclusions of law and entered judgment for the government. Christa Washington appeals. We reverse.

FACTS

At 6:40 p.m., September 19, 1980, in the base housing facilities of the Navy at Point Mugu, California, two active duty members of the Navy, Larry Bartole and Neil Cleaves, were attempting to start Cleaves’ 1964 Rambler. The car was in the garage assigned to Cleaves. It had not been operative for several months. Cleaves had given it a basic tune-up and oil change and it still would not run.

The main garage door was closed; a side door was open. Cleaves was in…