United States Ninth Circuit

In an action by the decedent's widow and children claiming the government was negligent in the Army Corps of Engineers' failure to place warning signs near a submerged dam, the dismissal of the action is affirmed where the decision not to place warning signs on account of worker peril was a discretionary decision commended by Congress for decision by the Corps, not to be second-guessed by a court or jury.

Appellate Information

• Decided 09/29/2010
• Published 09/29/2010

Judges

• Carlos T. Bea

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Gregory D. Rueb, Toney West