Dennis Rooney, Reliance Insurance Co., Plaintiff-In-Intervention-Appellee v. United States of America, & Third-Party v. Contel Corp., Third-Party

CHOY, Circuit Judge:

The Government appeals from a judgment entered under the Federal Tort Claims Act (FTCA). The judgment awarded damages to Rooney for injuries sustained when he fell from a radar dome. We affirm.

I. Facts

The United States contracted with a joint venture for it to paint and to maintain various radar domes (radomes). The contract contained numerous provisions regarding safety and allocation of responsibility. Under the terms of the contract, radome crew members were to have a minimum of one year’s actual experience. The contractor was given the responsibility to select and to…