Legal Opinion
Ronald D. Routh v. United States
Court of Appeals for the Ninth Circuit
Decided August 6, 1991No. 90-35536PublishedCited by 26 opinions
1Opinion of the Court
THOMAS G. NELSON, Circuit Judge:
In this Federal Tort Claims Act case, we hold that a contracting officer’s failure to require a particular piece of safety equipment on a contractor’s machinery is not a discretionary function shielded from tort liability. The judgment dismissing the complaint for lack of subject matter jurisdiction is reversed.
I
Background.
The United States Forest Service (United States) awarded Coastal, Inc. a contract on a road clearing project in Alaska. In September, 1985, appellee Ronald Routh was operating a backhoe for Coastal. The backhoe did not have a falling object…
2Cases cited10 opinions
- United States v. GaubertSupreme Court of the United States · 1991
- Berkovitz v. United StatesSupreme Court of the United States · 1988
- Dalehite v. United StatesSupreme Court of the United States · 1953
- United States v. S.A. Empresa De Viacao Aerea Rio GrandenseSupreme Court of the United States · 1984
- Paul v. United StatesSupreme Court of the United States · 1963
5 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- In Re the Glacier Bay. United Cook Inlet Drift Assoc., an Alaska Cooperative Corp., on Behalf of a Class Comprising Its Members and Its Members' Deckhands v. Trinidad Corporation West of England Ship Owners Mark Hawker Kee Leasing Co. Mathiasen's Tanker Industries, Inc. Glacier Bay Transportation Corporation v. United StatesCourt of Appeals for the Ninth Circuit · 1995
- Curtis Domme, Nora Bess Domme v. United StatesCourt of Appeals for the Tenth Circuit · 1995
- Bobby Bell, Kathleen Bell, and Sunwest Bank of Albuquerque, N.A., as Conservator of the Estate of Joseph Bell, a Minor v. United StatesCourt of Appeals for the Tenth Circuit · 1997
- Kenneth GAGER; Deanna Gager, Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-AppelleeCourt of Appeals for the Ninth Circuit · 1998
- Marlys Bear Medicine v. United States ex rel. Secretary of the Department of InteriorCourt of Appeals for the Ninth Circuit · 2001
21 more not listed; retrieve them via the Exa API.