Sharrock

Plaintiff Richard Sharrock was injured when the automobile in which he was traveling on Route 1, Naval Base, Guam, collided with an automobile owned and driven by Quinten McCoy, an off-duty sailor whose negligence was conceded. Sharrock and his wife, Christina, (the “Sharrocks”) brought suit against the United States on a theory of respondeat superior. The district court granted summary judgment for the government, and the Sharrocks appeal. The district court held that McCoy “was not acting in the course and scope of his employment, was not going about the business of his employer, and was not therefore acting in the line of duty.” We review de novo, and we affirm.

I. Facts and Proceedings Below

Gunner’s Mate McCoy, at noon on the day of the accident, was given the rest of the day off. At the time of the accident, he was driving, in his own car, to a basketball practice at a facility furnished by the Navy as part of its Morale, Welfare & Recreation (“MWR”) Program. In Guam, McCoy was assigned to the crew of the U.S.S. Frank Cable. McCoy’s shipmates were planning to participate in a “Cap tain’s Cup” basketball tournament scheduled to take place about two weeks after the…