United States Ninth Circuit

In an action under the Federal Tort Claims Act brought by the family of an individual killed by a rockslide in Yosemite National Park, claiming that it was not a freak accident and that the Park Service was responsible for creating unsafe conditions and failing to warn of the hazards it created, dismissal of the action is affirmed in part and reversed in part where: 1) the district court properly dismissed failure to warn claims and those regarding the design and construction of wastewater facilities based on the discretionary function exception to the FTCA; but 2) the record was insufficient to rule as a matter of law on plaintiffs' maintenance claims.

Appellate Information

• Argued 11/06/2007
• Decided 02/21/2008
• Published 02/21/2008

Judges

• McKEOWN, Circuit Judge:, Before: FERDINAND F. FERNANDEZ and M. MARGARET McKEOWN, Circuit Judges, and DAVID G. TRAGER, Senior Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• John Douglas Barr, Bar & Mudford, Redding, CA, and William O. Davis, Old Station, CA, for the plaintiffs-appellants.


• For Appellees:
  
• Peter D. Keisler, Assistant Attorney General, McGregor W. Scott, United States Attorney, Mark B. Stern and Isaac J. Lidsky, Appellate Staff, Civil Division, Department of Justice, Washington, DC, for the defendant-appellee.