CHADD v. U.S.

No. 12-36023.

794 F.3d 1104 (2015)

Susan H. CHADD, as personal representative of the Estate of Robert M. Boardman, deceased, and for herself, Plaintiff-Appellant, v. UNITED STATES of America, National Park Service, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed July 27, 2015.


Attorney(s) appearing for the Case

Shelby R. Frost Lemmel , Masters Law Group, PLLC, Bainbridge Island, WA, argued the cause and filed the briefs for the plaintiff-appellant. With her on the briefs was Kenneth W. Masters , Masters Law Group, PLLC, Bainbridge Island, WA.

Teal Luthy Miller , Assistant United States Attorney, Seattle, WA, argued the cause and filed the brief for the defendant-appellee. With her on the brief were Stuart F. Delery , Acting Assistant Attorney General, U.S. Department of Justice Civil Division, Washington, DC; Jenny A. Durkan , United States Attorney, Seattle, WA; and Mark B. Stern , Appellate Staff, U.S. Department of Justice Civil Division, Washington, DC.

Opinion by Judge O'SCANNLAIN; Concurrence by Judge BERZON; Dissent by Judge KLEINFELD.


OPINION

We must decide whether the United States may be sued under the Federal Tort Claims Act for the actions of the National Park Service relating to a mountain goat that attacked and killed a Park visitor.

I

A

Established in 1938, Olympic...

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