[Download] "United States v. Brown" by United States Court of Appeals for the Tenth Circuit * eBook PDF Kindle ePub Free
eBook details
- Title: United States v. Brown
- Author : United States Court of Appeals for the Tenth Circuit
- Release Date : January 21, 1993
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 62 KB
Description
David Kiehn, the Appellant, brought a negligence action against the United States pursuant to the Federal Tort Claims Act (FTCA), 28 U.S.C. 2671-2680 (1988 & Supp. II 1990), for personal injuries sustained when he fell from a cliff in Dinosaur National Monument. Kiehn appeals the district courts ruling which dismissed his negligent failure to warn claim for lack of subject matter jurisdiction. Kiehn also appeals the district courts finding that the governments negligent rescue effort on his behalf was not a proximate cause of his injuries. For the reasons stated below, we affirm the district courts ruling in part and reverse in part, holding that under the discretionary function exception of the FTCA, we lack subject matter jurisdiction over both the negligent failure to warn claim and the negligent rescue claim.