MATHENY v. U.S.

No. 06-1545.

469 F.3d 1093 (2006)

Suzanne MATHENY, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided December 4, 2006.


Attorney(s) appearing for the Case

Mitchell A. Peters (argued), Miller & Associates, Merrillville, IN, for Plaintiff-Appellant.

Joseph S. Reid (argued), Orest S. Szewciw, Office of the United States Attorney, Hammond, IN, for Defendant-Appellee.

Before EASTERBROOK, Chief Judge, and POSNER and SYKES, Circuit Judges.


POSNER, Circuit Judge.

One wintry day, Suzanne Matheny went sledding on a snow-covered sand dune in the Indiana Dunes National Lakeshore, a national park. Her sled struck a rusty pipe that protruded (the record is unclear how far) above the surface of the dune but was concealed by snow. A year earlier a child had had a similar accident in the same area and park rangers had removed a number of protruding pipes but had failed to discover and remove all of them; objects...

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