United States Tenth Circuit

Dismissal of a suit under the Federal Tort Claims Act (FTCA) for injuries resulting from a car accident caused by an Air Force employee who had been drinking at the Non-Commissioned Officers' Club at a base, is affirmed where, because the exclusive vehicle for recovery against a dramshop in Utah is governed by a strict liability statute under which negligence need not be established, the FTCA's waiver of immunity does not cover such action.

Appellate Information

• Decided 09/15/2006
• Published 09/18/2006

Judges

• TACHA, Chief Circuit Judge., Before TACHA, Chief Circuit Judge, HARTZ, and TYMKOVICH, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Submitted on the Briefs:   Edward P. Moriarity and Shandor S. Badaruddin, Moriarity, Badaruddin, & Booke, LLC, Missoula, MT, for Appellants.


• For Appellees:
  
• Stephen J. Sorenson, Acting United States Attorney, and Jeffrey E. Nelson, Assistant United States Attorney, Office of the United States Attorney for the District of Utah, Salt Lake City, UT, for Appellee.