John Spires v. United States

FARRIS, Circuit Judge:

Defendant United States appeals from a judgment in favor of plaintiff John Spires in this personal injury action brought under the Federal Tort Claims Act. Spires’ claim arose from a fall he suffered in the federally owned Golden Gate National Recreational Area. On September 24, 1981, while jogging along a sandy beach on an overcast and moonless night, Spires fell into a ditch at a storm sewer outfall. He was unable to see the 4 to 8 foot wide, 5 foot deep excavation. Spires broke his hip and brought suit, claiming that the Government had wilfully or maliciously failed…