ROUTH v. U.S.

No. 90-35536.

941 F.2d 853 (1991)

Ronald D. ROUTH, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided August 6, 1991.


Attorney(s) appearing for the Case

Dale J. Walther, Clark, Walther & Flanigan, Anchorage, Alaska, for plaintiff-appellant.

James G. Touhey, Jr., Trial Atty., Torts Branch, U.S. Dept. of Justice, Washington, D.C., for defendant-appellee.

Before WIGGINS, BRUNETTI and NELSON, Circuit Judges.


THOMAS G. NELSON, Circuit Judge:

In this Federal Tort Claims Act case, we hold that a contracting officer's failure to require a particular piece of safety equipment on a contractor's machinery is not a discretionary function shielded from tort liability. The judgment dismissing the complaint for lack of subject matter jurisdiction is reversed.

I

Background.

The United States Forest Service (United States) awarded Coastal, Inc. a contract...

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