GOTHA v. U.S.

No. 96-7442.

115 F.3d 176 (1997)

Sheila GOTHA, Appellant v. UNITED STATES of America, Appellee

United States Court of Appeals, Third Circuit.

Decided May 28, 1997.


Attorney(s) appearing for the Case

Diane M. Russell (argued), Holt & Russell, Christiansted, St. Croix, VI, for Appellant.

Frank W. Hunger, Assistant Attorney General, Robert S. Greenspan, Steve Frank (argued), United States Department of Justice, Civil Division, Appellate Staff, Washington, DC, James A. Hurd, Jr., United States Attorney, Michael A. Humphreys, Office of United States Attorney, Christiansted, St. Croix, VI, for Appellee.

Before: BECKER, ROTH and WEIS, Circuit Judges.


OPINION OF THE COURT

WEIS, Circuit Judge.

In this appeal we conclude that the United States Navy's failure to provide routine safeguards on a footpath leading to a structure under its control does not implicate the discretionary function exception to the Federal Tort Claims Act. See 28 U.S.C. § 2680(a). Therefore, the claim of personal injury based on the plaintiff's fall on the path satisfies the jurisdictional facet of the Act and the judgment...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases