Rosalinda Resendez v. United States

993 F.2d 884 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Rosalinda RESENDEZ, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee. No. 92-15259. United States Court of Appeals, Ninth Circuit. Argued and Submitted April 16, 1993. Decided May 24, 1993. Appeal from the United States District Court for the Northern District of California, No. 91-CV-20227-SW; Spencer M. Williams, District Judge, Presiding. N.D.Cal. REVERSED AND REMANDED. 1 MEMORANDUM * 2 Rosalinda Resendez brought an action in U.S. District Court against the United States under the Federal Tort Claims Act ("FTCA"), 28 U.S.C. §§ 2671 and 1346(b). Resendez alleged that she slipped, fell, and sustained injuries because of the negligence of a janitor who cleaned the U.S. Post Office in King City, California. The district court dismissed Resendez's action for lack of federal subject matter jurisdiction. The district court held that the Post Office could not be held liable under the FTCA…