Self

Self v. Hanson

Good Law
305 F.2d 699·1966 A.M.C. 1388
United States Court of Appeals for the Ninth CircuitJune 29, 1962No. 16928California2,410 words

Opinion

Lead Opinion

Chambers, J.

There is a shore line highway on the Island of Guam which runs westerly about three miles from Agana to a place called Schroeder Junction, thence on to a finger-like peninsula called Cabras Island, thence the length of Cabras Island (two miles), continuing on top of Crystal Breakwater for its three-mile length, and finally terminating in a turn-around area at the west or seaward end of the breakwater.

About 11:00 p. m. March 3, 1949, Althea G. Williams (now Self) and Alexander C. Muzzy were sitting in the cab of a small truck parked in the turnaround area. They had been there some twenty or thirty minutes when an army weapons carrier from nearby Harmon Air Force Base, running out of the control of its driver (one Corporal Seabourn), crashed into the right side of the cab of the truck at a point on the right door against which Mrs. Self was sitting. She suffered considerable spinal injuries, the permanence and seriousness of which remain disputed.

In attempting to fix liability on the United States under the Federal Tort Claims Act, 28 U.S.C.A. §§ 1346 , 2671 et seq., Mrs. Self has twice before placed her case before this court, Williams v. United States, 9 Cir., 215 F.2d 800 ,…

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