Elder v. United States

HARTZ, Circuit Judge.

Plaintiffs Nancy Elder and Jeffrey D. Eggertz appeal from the district court’s order granting summary judgment in favor of Defendant, the United States of America. Plaintiffs brought this action under the Federal Tort Claims Act (FTCA), 28 U.S.C §§ 1346(b) and 2671-2680, for the wrongful death of their 12-year-old son, Tyler Eggertz, who died when he slipped and fell over a ledge while crossing a stream at the Middle Emerald Pools at Zion National Park (Zion).

Plaintiffs allege that Zion employees were negligent in failing to protect visitors, by warnings or otherwise,…