96 Cal. Daily Op. Serv. 6939, 96 Daily Journal D.A.R. 11,350 Rebecca R. Dreier, Individually and as Pr of the Estate Ronald E. Dreier, Deceased and as Parent and Guardian Kaylee E. Dreier, a Minor Child v. United States

95 F.3d 1435 96 Cal. Daily Op. Serv. 6939 , 96 Daily Journal D.A.R. 11,350 Rebecca R. DREIER, individually and as PR of the Estate; Ronald E. Dreier, deceased; and as parent and Guardian; Kaylee E. Dreier, a minor child, Plaintiffs-Appellants, v. UNITED STATES of America, Defendants-Appellees. No. 95-35601. United States Court of Appeals, Ninth Circuit. Argued and Submitted July 12, 1996. Decided Sept. 17, 1996. William J. Carlson and David B. Richardson, Bellevue, WA, for plaintiffs-appellants. Philip H. Lynch, Assistant United States Attorney, Seattle, WA, for defendant-appellee. Appeal from the United States District Court for the Western District of Washington, Robert J. Bryan, District Judge, Presiding. D.C. No. CV-93-05618-RJB. Before: REAVLEY, * REINHARDT, and WIGGINS, Circuit Judges. WIGGINS, Circuit Judge: 1 Specialist Ronald E. Dreier (hereinafter "Ronald"), a soldier in the United States Army, was killed when he fell into a steep wastewater drainage channel located on Fort Lewis, Washington, after an off-duty afternoon of relaxation and beer drinking. The district court dismissed his widow's Federal Tort Claims Act ("FTCA") suit against the United States for wrongful…