United States Ninth Circuit

In this Federal Tort Claims Act (FTCA) case brought against the United States, alleging that defendant negligently failed to warn visitors at a National Park of a known hazard, dismissal for lack of subject matter jurisdiction is reversed, where: 1) the National Park Service’s decision not to warn of the known hazard is not susceptible to policy considerations, and therefore is not protected under the discretionary function exception to the FTCA; and 2) the district court therefore erred in determining that it lacked jurisdiction over the case.

Appellate Information

• Decided 10/17/2014
• Published 10/17/2014

Judges

• Murguia

Court

• United States Ninth Circuit

Counsel