Paul Stuart v. United States

23 F.3d 1483 Paul STUART, an individual, as Guardian Ad Litem for Nicholas Stuart, in his individual capacity, and as Administrator of the Estate of Babette Stuart, deceased, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee. No. 93-55229. United States Court of Appeals, Ninth Circuit. Argued and Submitted Jan. 5, 1994. Decided March 1, 1994. As Amended on Denial of Rehearing and Rehearing En Banc May 24, 1994. Raymond P. Johnson, Los Angeles, CA, for plaintiff-appellant. Mary A. Sedgwick, Asst. U.S. Atty., Los Angeles, CA, for defendant-appellee. Appeal from the United States District Court for the Central District of California. Before GOODWIN, HALL, Circuit Judges, and TANNER, * District Judge. Opinion by Judge GOODWIN. GOODWIN, Circuit Judge: 1 Paul Stuart appeals from a judgment for the United States in his action for damages under the Federal Tort Claims Act (FTCA), 28 U.S.C. Secs. 1346 (b) and 2671 et seq. 2 Plaintiff and his minor son, Nicholas Stuart, were injured, and his wife died, in an automobile collision in Temecula, California, when a Hyundai fleeing from U.S. Border Patrol agents crashed into the Stuart's automobile. After a bench trial, the…