William Gibson v. USA

LESLIE H. SOUTHWICK, Circuit Judge:

William Gibson fell and sustained injuries while exiting a trailer or mobile home owned by the Federal Emergency Management Agency (“FEMA”). Gibson and his wife, Rita Gibson, sued FEMA under the Federal Tort Claims Act (“FTCA”), 28 U.S.C. §§ 2671-2680. The district court granted FEMA’s motion for summary judgment on the basis that the claims are barred by the FTCA’s discretionary function exception. We REVERSE and REMAND for further proceedings.

FACTUAL AND PROCEDURAL BACKGROUND

Among its many services, FEMA provides trailers or mobile homes to victims of…