MOSS v. U.S.

No. 17-1928.

895 F.3d 1091 (2018)

Swan B. MOSS, III, Individually and as Co-Administrator of the Estate of G.Y.M., Deceased and on behalf of Wrongful Death Beneficiaries of G.Y.M. Estate of G.Y.M.; Gay Cunningham Moss, Individually and as Co-Administrator of the Estate of G.Y.M., Deceased and on behalf of Wrongful Death Beneficiaries of G.Y.M. Estate of G.Y.M.; Kerri Basinger, Individually and as Administratrix on behalf of Shane Edward Basinger Estate on behalf of Jadyn Rhea Basinger Estate on behalf of Kinsley Ann Basinger Estate; Anthony Lynn Shumake, Administrator of the Estates of Robert Shumake, deceased, Wilene Shumake, deceased, and N.S., deceased, and on behalf of Wrongful Death Beneficiaries of Robert Shumake, deceased, Wilene Shumake, deceased, and N.S., deceased Estate of Robert Shumake Estate of Wilene Shumake Estate of N.S; Tara Roeder, Administratrix of the Estate of Deborah Busby Roeder, and on behalf of the wrongful death beneficiaries of Deborah Busby Roeder Estate of Deborah Busby Roeder; Natisha L. Rachal, on behalf of T.A.; Jerry Don McMaster, Individually and on behalf of the Estate of Debra Wynne McMaster and his Minor Children, A.C.M. and E.C.M. Estate of Debra Wynne McMaster on behalf of A.C.M. on behalf of E.C.M.; Christy Pugh Basinger, on behalf of K S B; Benjamin L. Pate, on behalf of B.L.; Aaron Sultz, Individually and as Special Administrator of the Estate of Eric Wayne Sultz, on behalf of The Estate of Eric Wayne Sultz, Deceased, and Statutory Wrongful Death Beneficiaries of Eric Wayne Sultz Estate of Eric Wayne Sultz; Tara Roeder, as the Administratrix of the Estate of Bruce Wayne Roeder, and on behalf of the wrongful death beneficiaries of Bruce Wayne Roeder Estate of Bruce Wayne Roeder; Amanda Baker Willis, Individually and as Administrator of the Estates of K.S., deceased, and Julie Freeman, deceased, and on behalf of the wrongful death beneficiaries of K.S. and Julie Freeman Estate of K.S. Estate of Julie Freeman; Judith N. Pate, on behalf of B.L.; Adam Jez, Individually & as Administrator of the Est of Leslie Jez, Decd, obo Est of & Wrongful Death Beneficiaries of Leslie Jez, & Adam Jez, Individually & as Administrator of the Est of KJ, Decd, obo Est & Wrongful Death Beneficiaries of KJ Estate of KJ Estate of Leslie Jez; Susan Johnson, Administrator of the Estate of Sheri Wade, Deceased, on behalf of the Estate of Sheri Wade, and on behalf of the Wrongful Death Beneficiaries of Sheri Wade Estate of Sheri Wade; Candace Smith, individually and as Administratrix on behalf of Anthony Keith Smith Estate on behalf of Joseph Paul Smith Estate on behalf of Katelynn Nicole Smith Estate; Theresa Roeder, as the Administratrix of the Estate of Esther Kay Roeder, deceased, and on behalf of the wrongful death beneficiaries of Esther Kay Roeder Estate of Esther Kay Roeder, Plaintiffs-Appellants v. UNITED STATES of America; United States of America, acting by and through the Department of Agriculture, U.S. Forest Service, also known as Department of Agriculture, also known as U.S. Forest Service, Defendants-Appellees

United States Court of Appeals, Eighth Circuit.

Filed: July 20, 2018.


Attorney(s) appearing for the Case

Sarah A. Kellogg , Mel C. Orchard, III , SPENCE LAW FIRM, Jackson, WY, Lance Lee , Attorney, Lance Lee, Attorney-at-Law, Texarkana, TX, Melody H. Piazza , TRAMMELL & PIAZZA, Little Rock, AR, James L. Wilkes, II , WILKES & MCHUGH, Tampa, FL, for Plaintiffs-Appellants Swan B. Moss, Gay Cunningham Moss.

Leland H. Ayres , Brittany L. Myers , AYRES & SHELTON, Shreveport, LA, Todd Benson , AYRES & SHELTON, Shreveport, LA, Sarah A. Kellogg , Mel C. Orchard, III , SPENCE LAW FIRM, Jackson, WY, Melody H. Piazza , TRAMMELL & PIAZZA, Little Rock, AR, for Plaintiffs-Appellants Kerri Basinger, Candace Smith.

Noah Wallace Drew , SPENCE LAW FIRM, Jackson, WY, Sarah A. Kellogg , Mel C. Orchard, III , SPENCE LAW FIRM, Jackson, WY, Melody H. Piazza , TRAMMELL & PIAZZA, Little Rock, AR, for Plaintiff-Appellant Anthony Lynn Shumake.

Sarah A. Kellogg , Mel C. Orchard, III , SPENCE LAW FIRM, Jackson, WY, Melody H. Piazza , TRAMMELL & PIAZZA, Little Rock, AR, Michael Chad Trammell , TRAMMELL & PIAZZA, Texarkana, AR, James L. Wilkes, II , WILKES & MCHUGH, Tampa, FL, for Plaintiffs-Appellants Tara Roeder, Theresa Roeder.

Sarah A. Kellogg , Mel C. Orchard, III , SPENCE LAW FIRM, Jackson, WY, Melody H. Piazza , TRAMMELL & PIAZZA, Little Rock, AR, Rendi Beth Wiggins , Shreveport, LA, for Plaintiffs-Appellants Natisha L. Rachal, Jerry Don McMaster, Christy Pugh Basinger, Benjamin L. Pate, Judith N. Pate.

Sarah A. Kellogg , Mel C. Orchard, III , SPENCE LAW FIRM, Jackson, WY, Melody H. Piazza , TRAMMELL & PIAZZA, Little Rock, AR, Richard H. Mays , RICHARD MAYS LAW FIRM, Heber Springs, AR, W. Kelvin Wyrick, Sr. , Texarkana, AR, for Plaintiff-Appellant Aaron Sultz.

William David Carter, Sr. , MERCY & CARTER, Texarkana, TX, Sarah A. Kellogg , Mel C. Orchard, III , SPENCE LAW FIRM, Jackson, WY, Melody H. Piazza , TRAMMELL & PIAZZA, Little Rock, AR, for Plaintiff-Appellant Amanda Baker Willis.

Mickey Buchanan , Ashdown, AR, Sarah A. Kellogg , Mel C. Orchard, III , SPENCE LAW FIRM, Jackson, WY, Melody H. Piazza , TRAMMELL & PIAZZA, Little Rock, AR, Michael Chad Trammell , TRAMMELL & PIAZZA, Texarkana, AR, for Plaintiffs-Appellants Adam Jez, Susan Johnson.

Deborah Groom , Assistant U.S. Attorney, U.S. ATTORNEY'S OFFICE, Western District of Arkansas, Fort Smith, AR, Patrick Nemeroff , U.S. DEPARTMENT OF JUSTICE, Civil Division, Washington, DC, for Defendant-Appellee United States of America.

Deborah Groom , Mark W. Webb , Assistant U.S. Attorneys, U.S. ATTORNEY'S OFFICE, Western District of Arkansas, Fort Smith, AR, Patrick Nemeroff , U.S. DEPARTMENT OF JUSTICE, Civil Division, Washington, DC, for Defendant-Appellee United States of America, Acting By and Through the Department of Agriculture, U.S. Forest Service.

Before LOKEN, BENTON, and ERICKSON, Circuit Judges.


This case arises from the tragic flooding of the Little Missouri River in the Albert Pike Recreation Area ("Albert Pike") which is located in the Arkansas portion of Ouachita National Forest. Albert Pike is an outdoor camping and recreation site covering over two hundred acres of land, including portions of the Little Missouri...

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