Aguirre

MEMORANDUM **

Jennifer Aguirre, as trustee for the survivors of her husband, Albert Aguirre, who was killed in a mining accident, appeals from the dismissal of her Federal Tort Claims Act (FTCA) action by the district court. 1 Having carefully reviewed the record and the briefs of the parties, we affirm for the reasons stated by the district court.

Appellant argues that the district court erred in analyzing the United States’ liability for alleged negligence of its mining inspectors as if it were a private person rather than as if it were an Arizona municipal corporation. We agree with the trial court that the private person analogy is the correct standard, since many types of private entities perform safety inspections. See 28 U.S.C. §§ 1346 (b)(1) and 2674; Anderson v. United States, 55 F.3d 1379, 1382 (9th Cir.1995); Roberson v. United States, 382 F.2d 714, 717 (9th Cir.1967).

As the district court pointed out, when the private entity standard applies, under Arizona'law the “good Samaritan” doctrine of Restatement (Second) of Torts, § 324A applies. See Roberson, 382 F.2d at 717 ; Easter v. Percy, 168 Ariz. 46 , 810 P.2d 1053, 1056 (Ariz.Ct.App.1991). However, negligent…