Kevin HINES; Cathy Zampa, as Guardian Ad Litem for Stephanie Hines, Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-Appellee

In this Federal Tort Claims Act action, we must decide whether the United States can be held liable for its alleged negligence in issuing a permit to a bulk mail delivery driver who, while driving a mail truck under the influence of drugs and alcohol, ran a stop light and crashed into a car resulting in the deaths of two passengers, Lesley Hines and her daughter Alexis.

Lesley Hines’ husband, Kevin Hines, and Cathy Zampa, guardian ad litem for Hines’ surviving daughter Stephanie Hines (collectively “Hines”) appeal the district court’s grant of summary judgment in favor of the United States. We have jurisdiction over this timely appeal pursuant to 28 U.S.C. § 1291 . Because we conclude that after trial the United States may be subject to liability, we reverse.

I

Kevin and Lesley Hines along with their two daughters Stephanie and Alexis were involved in a deadly automobile accident on the morning of April 13,1992. While driving through an intersection in Sacramento, California, their car was struck by a truck and trailer transporting bulk mail under contract for the United States Postal Service (“Postal Service”). The truck had run a stop light. Tragically, Lesley Hines and…