Defrees v. US, Through US Forest Service

OPINION

REDDEN, District Judge.

Plaintiffs Ellen, Lyle, and Lowell De-frees bring this action under the Federal Tort Claims Act alleging that defendant United States Forest Service negligently failed to suppress a forest fire that damaged their property. The parties agreed to bifurcate trial of liability and damages. The liability phase was tried to the court on March 27 and 28, 1990. I find that defendant is not liable for plaintiffs’ damages.

BACKGROUND

Plaintiffs own land adjacent to Forest Service land within the Burnt Powder Fire Zone of the Wallowa-Whitman National Forest, near Baker,…