Etsel Warner v. United States

91 F.3d 158 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Etsel WARNER, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee. No. 94-16475. United States Court of Appeals, Ninth Circuit. Argued and Submitted May 9, 1996. Decided June 28, 1996. 1 Before: FLETCHER, D.W. NELSON, and CANBY Circuit Judges. 2 MEMORANDUM * 3 Etsel Warner appeals the district court's dismissal of his personal injury action against the United States for lack of subject matter jurisdiction pursuant to Fed.R.Civ.P. 12(b)(1). In his complaint, Warner sought damages under the Federal Tort Claims Act ("FTCA"), 28 U.S.C. § 1346 (b) and §§ 2671-80, for injuries that he sustained in an accident which occurred while he was performing grounds maintenance work on a United States Air Force Base. Because the parties are familiar with the factual and procedural background of this case, we do not repeat them here. We reverse. 4 Under the FTCA, the United States has waived its…