Feds face tort claim over CBP car collision

NEW ORLEANS — The Fifth Circuit found a Texas federal court improperly granted summary judgment in favor of the government after an injured motorist was struck by a vehicle operated by a Customs and Border Protection agent. The court granted summary judgment on the government’s argument that the agent was engaged in union activities at the time of the incident, but no authority was cited that treats union employment differently for the purpose of “course and scope” analysis on vicarious liability claims.