Rita Nowlan and Randall Nowlan, Wife and Husband v. United States

73 F.3d 370 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Rita NOWLAN and Randall Nowlan, Wife and Husband, Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-Appellee. No. 94-16186. United States Court of Appeals, Ninth Circuit. Argued and Submitted Dec. 5, 1995. Decided Dec. 28, 1995. 1 Before: GOODWIN and REINHARDT, Circuit Judges, and KING, * District Judge. 2 MEMORANDUM ** I. 3 Rita Nowlan, a truck driver, fell and injured her knee while dismounting from a truck making a delivery at a military base in the Arizona mountains. She sued under the Federal Tort Claims Act and appeals a judgment in favor of the government following a bench trial. We affirm. 4 Appellant and her husband, Randall, were employed as semi-truck drivers for Lucas Truck Lines. They were in the process of delivering explosives to and between various military bases around the United States. On January 6, 1989, Appellant and her husband arrived at the Navajo Army Depot to deliver the…