Muchhala v. United States

FINDINGS OF FACT AND CONCLUSIONS OF LAW

OLIVER W. WANGER, District Judge.

I.INTRODUCTION

On May 9, 2004, Jay David Muchhala, a twenty-seven year old man, climbed a high voltage power pole in Yosemite National Park (‘Yosemite”). He was electrocuted and died, either as a result of the electrocution or from the resulting fall. Plaintiffs, Jay Muchhala’s parents, filed suit against the United States of America, which owns and operates the Park as well as the high voltage electric pole at which the accident occurred. Brought under the Federal Tort Claims Act, 28 U.S.C. § 2671, et seq., the complaint…