Karl Wettstein Mary Wettstein v. United States of America Stanyan Street Cyclery Andreis Chalkoord

69 F.3d 546 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Karl WETTSTEIN; Mary Wettstein, Plaintiffs-Appellants, v. UNITED STATES of America; Stanyan Street Cyclery; Andreis Chalkoord, Defendants-Appellees. No. 95-15156. United States Court of Appeals, Ninth Circuit. Argued and Submitted Oct. 19, 1995. Decided Oct. 31, 1995. Before: SCHROEDER, FLETCHER, and RYMER, Circuit Judges. 1 MEMORANDUM * 2 Karl and Mary Wettstein appeal the district court's entry of summary judgment against them in their wrongful death suit based on their son's demise while riding a bicycle over allegedly rough pavement in the Golden Gate National Recreation Area. We have jurisdiction, 28 U.S.C. Sec. 1291 , and we affirm. 3 Under the Federal Tort Claims Act, the United States is liable for torts only "if a private person [ ] would be liable to the claimant in accordance with the law of the place where the act or omission occurred." 28 U.S.C. Sec. 1346 (b). 4 California Civil Code Sec. 846 provides…