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BALL v. U.S.

No. 19-1161.

967 F.3d 1072 (2020)

Logan BALL; Elizabeth Ball; Estate of Sarah Ball, Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

FILED July 31, 2020.

Attorney(s) appearing for the Case

Randall M. Weiner , Law Offices of Randall M. Weiner, P.C., Boulder, Colorado ( Annmarie Cording , Law Offices of Randall M. Weiner, P.C., Boulder, Colorado on the briefs) on behalf of Plaintiffs-Appellants.

Casen B. Ross , Appellate Staff, Civil Division, United States Department of Justice, Washington, D.C. ( Mark B. Stern , Appellate Staff, Civil Division, United States Department of Justice, Washington, D.C., Joseph H. Hunt , Assistant Attorney General, and Jason R. Dunn , United States Attorney, Washington, D.C. on the briefs) on behalf of the Defendant-Appellee.

Before HARTZ, MATHESON, and CARSON, Circuit Judges.

Shortly before 3:00 a.m. on June 12, 2016, Sarah Ball was killed when the car in which she was a passenger drove off United States Forest Service Road 456.1A and over an earthen mound before falling into an abandoned mine shaft about 20 feet off the road. Her parents and her estate (Plaintiffs) brought suit against the United...

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