United States Third Circuit

In a Federal Tort Claims Act (FTCA) suit arising from the death of plaintiff's wife and daughter when a tree fell on their car in a government park, alleging that the government negligently pruned and failed to find and remove the hazardous tree, dismissal of the suit is affirmed where, by reason of the discretionary function exception to the sovereign immunity waiver, federal courts lacked jurisdiction over the case.

Appellate Information

• Decided 02/20/2008
• Published 02/20/2008

Judges

• BEFORE:  RENDELL, GREENBERG, and VAN ANTWERPEN, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Richard A. Grodeck, Feldman Grodeck, West Orange, NJ, for Appellant.


• For Appellees:
  
• Christopher J. Christie, United States Attorney, Pamela Perron, Assistant U.S. Attorney, Newark, NJ, for Appellee.