United States Ninth Circuit

In an action seeking damages from the United States for injuries to a child allegedly caused by exposure to the toxic heavy metal thallium from soil dumped into a landfill by the Navy, judgment of the district court is reversed where the court erred in finding that the United States acted reasonably and did not breach any duty, and in holding that the discretionary function exception barred the defendant's liability on and the court’s subject matter jurisdiction over claim.

Appellate Information

• Decided 07/15/2011
• Published 07/15/2011

Judges

• BENNETT

Court

• United States Ninth Circuit

Counsel