Ellen D. Glassman v. United States

892 F.2d 1045 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Ellen D. GLASSMAN, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee. No. 88-6175. United States Court of Appeals, Ninth Circuit. Argued and Submitted Oct. 6, 1989. Decided Dec. 21, 1989. Before SKOPIL, FLETCHER and FERNANDEZ, Circuit Judges. 1 MEMORANDUM * 2 Ellen Glassman appeals the district court's judgment in favor of the United States. The district court ruled that the United States was not liable under the Federal Tort Claims Act for any injuries caused to Glassman by Marine Corps Staff Sergeant Juan Ramon Aguilar ("SSgt. Aguilar"). The district court did not hold the United States liable for SSgt. Aguilar's actions because the court found that Aguilar was not acting within the scope of his employment. The court ruled that even if Aguilar had been on a special errand for his employer, he had totally abandoned that employment at the time of the accident. We affirm. BACKGROUND FACTS 3…