Lynn Murray, a Minor, by Lesa Murray, Her Mother and Natural Guardian Lesa Murray, Individually v. United States of America Department of the Army
Docket: 03-2463
Court: Court of Appeals for the Eighth Circuit; August 27, 2004; Federal Appellate Court
Seventeen-year-old Jessica Ann Baker and fourteen-year-old Lynn Murray were involved in a fatal car accident, resulting in Baker's death and severe injuries to Murray. Baker, who was driving to school, was a participant in the Minnesota Army National Guard's "Delayed Training Program," which required her to wear her uniform while attending school. Murray's lawsuit against the United States, filed under the Federal Tort Claims Act (FTCA), alleged that Baker was acting within the scope of her federal employment at the time of the accident because she was engaged in a recruitment discussion with Murray and had National Guard recruitment brochures in her vehicle. The district court granted summary judgment in favor of the government, concluding that Baker was not a federal employee at the time of the accident and therefore not acting within the scope of her employment. Murray appealed this decision, arguing that the district court erred in its determination. The Eighth Circuit Court of Appeals reviewed the case de novo and agreed with the district court's findings, affirming that Baker's actions did not constitute federal employment. Consequently, Murray's negligence claim under the FTCA was dismissed. The court noted that Murray also had pending claims in Minnesota state court.