United States Sixth Circuit

Determining appropriate safety measures regarding the public's access to the waters around a dam is within the discretion of the Tennessee Valley Authority, and a general implied duty is not the same as a regulation or statute for purposes of the discretionary function exception to liability.

Appellate Information

• Argued 05/02/2001
• Decided 06/26/2001
• Published 06/26/2001

Judges

• Before JONES, SILER, and GILMAN, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellant:
  
• ARGUED:  Linda G. Welch (argued and briefed), Gary T. Dupler (briefed), Linda G. Welch & Associates, Knoxville, TN, for Plaintiff-Appellant.


• For Appellees:
  
• Edwin W. Small (argued and briefed), Thomas A. Robins (briefed), Tennessee Valley Authority, Knoxville, TN, for Defendant-Appellee.