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McMURRAY v. U.S.

No. 88-1567.

918 F.2d 834 (1990)

Earl Jay McMURRAY, a minor child, by and through his natural parents, Barry McMurray and Kathy Ashbridge McMurray; Barry McMurray; Kathy Ashbridge McMurray; William John Ashbridge, a minor child, by and through his natural parents, Barry McMurray and Kathy Ashbridge McMurray, Plaintiffs-Appellees, v. UNITED STATES of America, et al., Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided November 9, 1990.

Attorney(s) appearing for the Case

Madelyn B. Creedon, Dept. of Justice, Washington, D.C., for defendant-appellant.

Robert E. Heaney, Reno, Nev., for plaintiffs-appellees.

Before FERGUSON, BRUNETTI and LEAVY, Circuit Judges.

BRUNETTI, Circuit Judge:

The United States appeals from the district court's conclusion that it willfully failed to guard or to warn against a dangerous condition that existed on government land at the Lee Hot Springs area near Fallon, Nevada. Earl McMurray, a minor child, was severely burned when he fell or sat in a shallow stream that had a water temperature between 160 and 180 degrees Fahrenheit. Government liability was based on the Federal Torts Claim Act, 28...

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