Giovanna Carboniero Cestonaro, Individually and as Personal Representative of the Estate of Danielle Cestonaro v. United States

OPINION OF THE COURT

SCIRICA, Circuit Judge.

This appeal requires us to interpret the “discretionary function” exception to the Federal Tort Claims Act’s general waiver of sovereign immunity. The District Court dismissed a wrongful death complaint against the United States, finding that the discretionary function exception to the Federal Tort Claim Act’s waiver of sovereign immunity, 28 U.S.C. § 2680(a), applied. We will reverse.

I

The underlying facts are undisputed. In December 1993, Daniele Cestonaro, his wife Giovanna, and their daughter, all Italian citizens and residents, were vacationing…