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CAGLE v. U.S.

No. 90-6388.

937 F.2d 1073 (1991)

J. Harold CAGLE, Individually and as Next-Friend and Guardian of Todd Lee Cagle, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided June 25, 1991.

Attorney(s) appearing for the Case

Andrew H. Owens (argued), Memphis, Tenn., for plaintiff-appellant.

Sidney P. Alexander, Asst. U.S. Atty. (argued), W. Hickman Ewing, Jr., U.S. Atty., Memphis, Tenn., for defendant-appellee.

Before MERRITT, Chief Judge, and NORRIS and SUHRHEINRICH, Circuit Judges.

MERRITT, Chief Judge.

Plaintiff's eleven year old son injured himself in Shiloh National Military Park when a battlefield cannon collapsed on him. Plaintiff sued defendant under the Federal Tort Claims Act, 28 U.S.C. § 2671 et seq., and now appeals the grant of summary judgment for defendant. We affirm.

BACKGROUND

During an April 24, 1986 school field trip to Shiloh, plaintiff's son, Todd Cagle, and several of his classmates were playing...

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