Jim W. Tindall, Jr., a Minor by His Father and Next Friend, Jim W. Tindall v. United States

The plaintiff in this negligence suit under the Federal Tort Claims Act appeals the district court’s dismissal of his case for lack of subject matter jurisdiction. Because we find that the defendant owed no actionable duty to the plaintiff, we affirm the judgment, although we do so on an alternate ground.

I

Jim W. Tindall, Jr. severely injured his left hand when he unintentionally lit an M-80 explosive. An M-80 explosive is similar in appearance to an ordinary firecracker, although it is somewhat larger. Its explosive potential, however, is many times that of a firecracker. The plaintiff was…