SCHIELER v. UNITED STATES

No. CV F 76-188-MDC.

642 F.Supp. 1310 (1986)

Eddie Lee SCHIELER, Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court, E.D. California.

August 4, 1986.


Attorney(s) appearing for the Case

John T. Murphy, Modesto, Cal., for plaintiff.

Mark St. Angelo, Asst. U.S. Atty., Fresno, Cal., for defendant.


MEMORANDUM DECISION AND ORDER OF DISMISSAL.

CROCKER, Senior District Judge.

This trial was bifurcated to try the issue of "discretionary function" exception to the Tort Claims Act [28 U.S.C. § 2680(a)].

Plaintiff was injured when struck by lightning while standing on Moro Rock in Sequoia National Park on August 20, 1975, at a time when park visitors were not warned of the danger of lightning strikes.

Plaintiff's complaint alleges that...

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