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BAUM v. U.S.

No. 91-1608.

986 F.2d 716 (1993)

Price A. BAUM; Margaret Leedy, Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-Appellee, v. Michael A. MASSEY, Third Party Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided February 23, 1993.

Attorney(s) appearing for the Case

John Philip Kessel, Chaikin & Karp, P.C., Rockville, MD, argued (Paul B. Tierney, on brief), for plaintiffs-appellants.

David Ira Salem, Asst. U.S. Atty., Baltimore, MD, argued (Richard D. Bennett, U.S. Atty., Roann Nichols, Asst. U.S. Atty., on brief), for defendant-appellee.

Before WIDENER and WILKINSON, Circuit Judges and SHEDD, United States District Judge for the District of South Carolina, sitting by designation.

OPINION

WIDENER, Circuit Judge:

This appeal requires us to examine the scope of the discretionary function exception to the limited waiver of sovereign immunity provided for in the Federal Tort Claims Act, 28 U.S.C. §§ 2671-2680 (FTCA or the Act). Appellants Price A. Baum and Margaret Leedy were injured in an automobile accident in which their vehicle penetrated a guardrail on a bridge over the Baltimore-Washington Parkway, causing them to fall...

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