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Legal Opinion

Oberson v. United States Department of Agriculture, Forest Service

Court of Appeals for the Ninth Circuit

Decided January 30, 2008No. 04-35268PublishedCited by 5 opinions

1Opinion of the Court

AMENDED OPINION **

SCHWARZER, District Judge:

I. PROCEDURAL BACKGROUND

Brian Musselman (Musselman) was gravely injured in a snowmobile accident on a National Forest trail. Lori Oberson, his legal guardian, and others brought this action against the United States under the Federal Tort Claims Act (FTCA), 28 U.S.C. §§ 2671-2680, alleging that the United States Forest Service negligently failed to correct or warn of a dangerous condition on the Big Sky snowmobile trail where Musselman was injured. The United States filed a third-party complaint against Jamie Leinberger (Leinberger), Patrick Kalahar…

2Cases cited32 opinions

  1. United States v. GaubertSupreme Court of the United States · 1991
  2. Berkovitz v. United StatesSupreme Court of the United States · 1988
  3. Summers v. TiceCalifornia Supreme Court · 1948
  4. Wagner v. International Railway Co.New York Court of Appeals · 1921
  5. Blackburn v. United StatesCourt of Appeals for the Ninth Circuit · 1996

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3Cited by5 opinions

  1. Phong Lam v. United StatesCourt of Appeals for the Ninth Circuit · 2020
  2. Pickens v. United StatesDistrict Court, D. Oregon · 2010
  3. Green v. United StatesCourt of Appeals for the Ninth Circuit · 2011
  4. Gallucci v. United States Postal ServiceDistrict Court, D. Oregon · 2025
  5. Green v. United StatesCourt of Appeals for the Ninth Circuit · 2011

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