Mark Finneman v. United States Department of Transportation, U.S. Coast Guard

74 F.3d 1245 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Mark FINNEMAN, Plaintiff-Appellant, v. UNITED STATES DEPARTMENT OF TRANSPORTATION, U.S. Coast Guard, Defendants-Appellees. No. 94-15888. United States Court of Appeals, Ninth Circuit. Argued and Submitted Oct. 19, 1995. Decided Jan. 2, 1996. Before: SCHROEDER, FLETCHER, and RYMER, Circuit Judges. 1 MEMORANDUM * 2 Mark Finneman appeals from the grant of summary judgment to appellees. He claimed under the Federal Tort Claims Act for damages sustained as a result of a bicycle accident on a federally owned road. We have jurisdiction under 28 U.S.C. Sec. 1291 and affirm. STANDARD OF REVIEW 3 A grant of summary judgment is reviewed de novo. Jesinger v. Nevada Fed. Credit Union, 24 F.3d 1127, 1130 (9th Cir.1994). DISCUSSION 4 The Federal Tort Claims Act waives the sovereign immunity of the United States for tort actions but allows liability only "in the same manner and to the same extent as a private individual under…