Sharrock, et al. v. United States, No. 10-16425 (9th Cir. 2012)
Annotate this CasePlaintiff was injured when the automobile in which he was traveling collided with an automobile owned and driven by an off-duty sailor whose negligence was conceded. Plaintiff and his wife brought suit against the United States on a theory of respondeat superior. The court concluded that a servicemember en route to participation in a recreational activity, where participation was encouraged by the Navy but not required, was not acting in the line of duty. Accordingly, the court affirmed the district court's grant of summary judgment for the government.
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