United States Ninth Circuit

In a suit against the United States on a theory of respondeat superior for the actions of an off-duty sailor who injured the plaintiffs on a naval base while driving himself to basketball practice at a facility furnished by the Navy as part of its Morale, Welfare and Recreation Program, the district court's grant of summary judgment for the government is affirmed, where participation in the basketball activities was encouraged by the Navy but not required, so that the sailor was not acting in the line of duty, and the "special errand" exception to the "coming and going" rule of no respondeat superior liability did not apply.

Appellate Information

• Decided 03/14/2012
• Published 03/14/2012

Judges

• Goodwin

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Wayson W.S. Wong, Anne Murphy