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NAVARETTE v. U.S.

No. 05-16915.

500 F.3d 914 (2007)

Ricardo Angel NAVARETTE, Plaintiff-Appellant, and Kelly Kaslar, Plaintiff, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed August 29, 2007.

Attorney(s) appearing for the Case

Amitai Schwartz (argued), Lisa M. Sitkin, Law Offices of Amitai Schwartz, Emeryville, CA, for the plaintiff-appellant.

Kevin V. Ryan, United States Attorney, Joann M. Swanson, Chief, Civil Division, Owen P. Martikan (argued), Assistant United States Attorney, San Francisco, CA, for the defendant-appellee.

Before: PROCTER HUG, JR., PAMELA ANN RYMER and RAYMOND C. FISHER, Circuit Judges.

Opinion by Judge FISHER; Dissent by Judge RYMER.

FISHER, Circuit Judge:

Ricardo Navarette was severely injured when he fell off a cliff at a campground operated by the Army Corps of Engineers (Army Corps) near Lake Sonoma in northern California. Alleging that the campground staff had been negligent in failing to undertake safety precautions after a "use path" had developed that led directly from his campsite to the cliff's edge, Navarette sued the government...

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