Aguilar v. United States

920 F.2d 1475, 1990 WL 198294
CourtCourt of Appeals for the Ninth Circuit
DecidedDecember 11, 1990
DocketNo. 89-16018
StatusPublished
Cited by24 cases

This text of 920 F.2d 1475 (Aguilar v. United States) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Aguilar v. United States, 920 F.2d 1475, 1990 WL 198294 (9th Cir. 1990).

Opinions

TANG, Circuit Judge:

John Aguilar sued the United States under the Federal Tort Claims Act (“FTCA”), 28 U.S.C. §§ 1346(b), 2674, for personal injuries he suffered from the alleged negligence of a federal employee. The district court granted partial summary judgment for the government, holding that the FTCA incorporates a Nevada state law cap on damages, limiting the government’s potential liability. Aguilar appealed upon certification and the grant of an interlocutory appeal. We affirm.

I. FACTUAL AND PROCEDURAL BACKGROUND

On October 31, 1986, the tractor-trailer rig Aguilar was driving broke down on the Nevada side of the road crossing Hoover Dam, within federal jurisdiction. A defect in the brake air line caused the brakes on the truck to lockup. A federal dam police officer, Donald Babcock, was then in charge of directing traffic across the dam. Babcock allegedly required Aguilar to repair the air hose with tape. Babcock also allegedly refused to allow Aguilar to chock the wheels of the truck during the repair procedure. Complying with Babcock’s alleged orders, Aguilar was severely injured when his arm was pinned between the two trailers of the truck. Aguilar sued the United States under the FTCA for damages resulting from his injuries, alleging that Babcock acted negligently and caused Aguilar’s injuries.

The government moved for partial summary judgment, arguing that the FTCA required imposition of Nevada’s $50,000 limit on liability for state employees’ torts. Nev.Rev.Stat. § 41.035(1). The district court agreed, and granted partial summary judgment limiting the government’s poten[1477]*1477tial liability to $50,000. The district court certified the judgment for interlocutory appeal.

II. STANDARD OF REVIEW

We review a grant of summary judgment de novo. Kruso v. International Tel. & Tel., 872 F.2d 1416, 1421 (9th Cir.1989), cert. denied, _ U.S. _, 110 S.Ct. 3217, 110 L.Ed.2d 664 (1990). This appeal presents no disputed facts. Therefore, we review whether the district court correctly applied the relevant substantive law. Tzung v. State Farm Fire and Casualty Co., 873 F.2d 1338, 1339-40 (9th Cir.1989).

III. DISCUSSION

The issue confronting us is whether Nevada’s limitation of damages recoverable against its officers and employees applies under the FTCA such that liability of a federal police officer is capped at $50,000. Aguilar contends that the cap should not be imposed because: 1) state law immunities do not shield the United States from liability under the FTCA; 2) Nevada’s statute is an exception to Nevada’s waiver of sovereign immunity and not a limitation on damages; and 3) enforcement of Nevada’s statutory limitation is inconsistent with the purposes of the FTCA. We disagree.

A. Background

The FTCA establishes federal government tort liability by express analogy to a private individual’s liability under the law of the state where the tort occurred:

The United States shall be liable, respecting the provisions of this title relating to tort claims, in the same manner and to the same extent as a private individual under like circumstances ....

28 U.S.C. § 2674 (emphasis added). Under the FTCA, “[ljiability is to be determined ‘in accordance with the law of the place where the [negligent] act or omission occurred.’ ” Taylor v. United States, 821 F.2d 1428, 1430 (9th Cir.1987) cert. denied, 485 U.S. 992, 108 S.Ct. 1300, 99 L.Ed.2d 510 (1988) (quoting 28 U.S.C. § 1346). In this case, the alleged negligence took place in Nevada. Therefore, Nevada law determines the government’s liability for Aguilar’s injury. See Taylor, 821 F.2d at 1430.

In Nevada, of course, private individuals do not direct traffic on public highways. Nor does Nevada empower private individuals to mandate compliance with orders regarding conduct on public roads. Therefore, no Nevada state law governs the liability of private parties for the actions giving rise to Aguilar’s suit.

However, “[ujnder the FTCA the United States may ‘be liable for the performance of activities private persons do not perform.’ ” Doggett v. United States, 875 F.2d 684, 689 (9th Cir.1989) (quoting Wright v. United States, 719 F.2d 1032, 1034 (9th Cir.1983)). Because private persons do not wield the powers giving rise to Aguilar’s suit, “the inquiry into the government’s liability in this situation must include an examination of the liability of state and municipal entities ‘under like circumstances.’ ” Louie v. United States, 776 F.2d 819, 825 (9th Cir.1985). In Doggett, we explained:

It is difficult to analyze the United States’ liability for actions involving unique governmental functions by simply considering the potential liability of private citizens under state law. In such cases this court has sought to determine what liability state law attaches to similar activities undertaken by analogous entities subject to its jurisdiction.

To determine the liability of the United States in Aguilar’s case, therefore, we examine the liability that Nevada law attaches to similar activities undertaken by Nevada police officers.

B. Application of Nevada’s Cap on Damages

Our precedent thus mandates that in the special circumstance where the federal actor is a police officer without a private analogue, liability is determined by reference to state liability for government employees. That liability may, for those particular actors, be limited just like liability may be limited, under state law, for federal [1478]*1478actors who do have private analogues. Where state law has limited the damages recoverable in tort, this court has imposed that limit on FTCA claims. Taylor, 821 F.2d at 1430; Richards v. United States, 369 U.S. 1, 16, 82 S.Ct. 585, 594, 7 L.Ed.2d 492 (1962).

Nevada’s potential liability for the negligent actions of its police officers is limited to $50,000. Nev.Rev.Code § 41.035(1); State v. Eaton, 101 Nev. 705, 708-09, 710 P.2d 1370, 1373 (1985). Aguilar contends that this limit on the amount of damages should not apply to his FTCA cause of action. We disagree. Just as Nevada law establishes Aguilar’s FTCA cause of action, it also limits his FTCA cause of action.

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Aguilar v. United States
920 F.2d 1475 (Ninth Circuit, 1990)

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920 F.2d 1475, 1990 WL 198294, Counsel Stack Legal Research, https://law.counselstack.com/opinion/aguilar-v-united-states-ca9-1990.