United States First Circuit

Dismissal of plaintiff's action against the government under the Federal Tort Claims Act (FTCA) for injuries he incurred after he fell from a second-story portico at a wedding held on property in a national park, is affirmed, where: 1) given the record here, the decision whether to implement concessioner-generated risk-management recommendations involves choice; 2) as such, the complained-of conduct, how the government manages risks and decisions concerning the railing's height, is the product of discretion; and thus, 3) the government is immune from suit under the discretionary function exception to the FTCA.

Appellate Information

• Decided 02/07/2014
• Published 02/07/2014

Judges

• THOMPSON

Court

• United States First Circuit

Counsel