Lynn Murray, a Minor, by Lesa Murray, Her Mother and Natural Guardian Lesa Murray, Individually v. United States of America Department of the Army

Eighth Circuit

Lynn Murray, a Minor, by Lesa Murray, Her Mother and Natural Guardian Lesa Murray, Individually v. United States of America Department of the Army

381 F.3d 810, 2004 U.S. App. LEXIS 18214, 2004 WL 1907792

CourtCourt of Appeals for the Eighth Circuit

DecidedAugust 27, 2004

Docket03-2463

StatusPublished

Cited by1 cases

This text of 381 F.3d 810 (Lynn Murray, a Minor, by Lesa Murray, Her Mother and Natural Guardian Lesa Murray, Individually v. United States of America Department of the Army) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Lynn Murray, a Minor, by Lesa Murray, Her Mother and Natural Guardian Lesa Murray, Individually v. United States of America Department of the Army, 381 F.3d 810, 2004 U.S. App. LEXIS 18214, 2004 WL 1907792 (8th Cir. 2004).

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Opinion

SMITH, Circuit Judge.

Seventeen-year-old Jessica Ann Baker and fourteen-year-old Lynn Murray were involved in a tragic single-car automobile accident. Baker, the driver, was en route to Westbrook-Walnut Grove High School where she and Murray were students. On the way, Baker lost control of the car and was killed. Her passenger, Murray, was severely injured. Murray (and her mother) filed suit against the United States of America, under the Federal Tort Claims Act (FTCA). 2 28 U.S.C. § 1346(b)(1). In her suit, Murray alleged that Baker was a member of the Minnesota Army National Guard’s “Delayed Training Program,” which allowed Baker to satisfy her training obligation by attending school “in proper uniform for not less than four (4) hours each training period.” Murray’s complaint further alleged that Baker was wearing her uniform as she drove to school, and-at the moment of the collision-Baker was engaged in a recruitment conversation with Murray. Additionally, Murray alleged that Baker was transporting National Guard recruitment brochures in her vehicle on the day of the accident. Thus, Murray contends that the government is liable for her injuries under the FTCA.

The district court 3 granted summary judgment in favor of the government and dismissed the case. Murray appeals the grant of summary judgment and urges that the district court erred when it determined that she failed to state a claim under the FTCA. The district court found that Baker was neither a federal employee nor was she acting within the scope of her federal employment at the time of the accident. We review the grant of summary judgment de novo. Gen. Trading Int'l, Inc. v. Wal-Mart Stores, Inc., 320 F.3d 831, 835 (8th Cir.2003). After our review of the record, we agree that-at the time of the aceident-Baker was not a federal employee. Walsh v. United States, 31 F.3d 696, 699 (8th Cir.1994). Consequently, Murray’s claim of negligence under the FTCA cannot stand. St. John v. United States, 240 F.3d 671, 676 (8th Cir.2001). Accordingly, we affirm based on the well-reasoned opinion of the district court. See 8th Cir. R. 47B.

2

. Murray also has claims pending in Minnesota state court.

3

.The Honorable Ann D. Montgomery, United States District Judge for the District of Minnesota.

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SMITH, Circuit Judge.

Seventeen-year-old Jessica Ann Baker and fourteen-year-old Lynn Murray were involved in a tragic single-car automobile accident. Baker, the driver, was en route to Westbrook-Walnut Grove High School where she and Murray were students. On the way, Baker lost control of the car and was killed. Her passenger, Murray, was severely injured. Murray (and her mother) filed suit against the United States of America, under the Federal Tort Claims Act (FTCA). 2 28 U.S.C. § 1346(b)(1). In her suit, Murray alleged that Baker was a member of the Minnesota Army National Guard’s “Delayed Training Program,” which allowed Baker to satisfy her training obligation by attending school “in proper uniform for not less than four (4) hours each training period.” Murray’s complaint further alleged that Baker was wearing her uniform as she drove to school, and-at the moment of the collision-Baker was engaged in a recruitment conversation with Murray. Additionally, Murray alleged that Baker was transporting National Guard recruitment brochures in her vehicle on the day of the accident. Thus, Murray contends that the government is liable for her injuries under the FTCA.

The district court 3 granted summary judgment in favor of the government and dismissed the case. Murray appeals the grant of summary judgment and urges that the district court erred when it determined that she failed to state a claim under the FTCA. The district court found that Baker was neither a federal employee nor was she acting within the scope of her federal employment at the time of the accident. We review the grant of summary judgment de novo. Gen. Trading Int'l, Inc. v. Wal-Mart Stores, Inc., 320 F.3d 831, 835 (8th Cir.2003). After our review of the record, we agree that-at the time of the aceident-Baker was not a federal employee. Walsh v. United States, 31 F.3d 696, 699 (8th Cir.1994). Consequently, Murray’s claim of negligence under the FTCA cannot stand. St. John v. United States, 240 F.3d 671, 676 (8th Cir.2001). Accordingly, we affirm based on the well-reasoned opinion of the district court. See 8th Cir. R. 47B.

2

. Murray also has claims pending in Minnesota state court.

3

.The Honorable Ann D. Montgomery, United States District Judge for the District of Minnesota.

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381 F.3d 810, 2004 U.S. App. LEXIS 18214, 2004 WL 1907792, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lynn-murray-a-minor-by-lesa-murray-her-mother-and-natural-guardian-lesa-ca8-2004.

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