United States Ninth Circuit

In an action brought against the U.S. pursuant to the Federal Tort Claims Act (FTCA) after plaintiff fell on snow and ice in the common parking area of the U.S. Army apartment complex where she lived, summary judgment for the government is affirmed in part and reversed in part where: 1) the FTCA's discretionary function exception does not apply; but 2) contrary to the district court's ruling, the relevant question in this case was whether a private landlord, as opposed to a municipality, would be liable for negligence under similar circumstances.

Appellate Information

• Argued 08/10/2007
• Decided 12/03/2007
• Published 12/03/2007

Judges

• Before:  J. CLIFFORD WALLACE, JOHN T. NOONAN, and RICHARD A. PAEZ, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Robert A. Sparks, Law Office of Robert A. Sparks, Fairbanks, AK, for the appellant.


• For Appellees:
  
• Eric J. Feigin, Department of Justice, Civil Division, Washington, D.C., for the appellee.