Legal Opinion

Roy Bieghler and Joanne Hoff v. Thomas S. Kleppe, Secretary of the Interior, United States of America, and the United States of America

Court of Appeals for the Ninth Circuit

Decided December 1, 1980No. 78-1766PublishedCited by 84 opinions

1Opinion of the Court

SKOPIL, Circuit Judge:

INTRODUCTION

Bieghler and Hoff appeal the entry of summary judgment against them in their negligence action against the government. We find there was a genuine issue of material fact as to the cause of the accident. We reverse and remand.

FACTS AND PROCEEDINGS BELOW

On May 26, 1977 Roy Bieghler, Harvey Hoff, and Bradley Martin were riding their motorcycles through the Mount Carmel tunnel in Mount Zion National Park in Utah. An accident occurred in the tunnel. Hoff was killed. Bieghler and Martin were seriously injured. Both have retrograde amnesia, blocking their memories…

2Cases cited5 opinions

  1. William D. Ruffin v. County of Los Angeles, Sherman A. Jones v. County of Los Angeles, David L. Ellis v. County of Los AngelesCourt of Appeals for the Ninth Circuit · 1979
  2. Richard W. Neely v. St. Paul Fire and Marine Insurance Company and Standard Oil Company of CaliforniaCourt of Appeals for the Ninth Circuit · 1978
  3. Edward L. Scharf in Behalf of Laura Patricia Scharf, a Minor v. United States Attorney GeneralCourt of Appeals for the Ninth Circuit · 1979
  4. Blair Foods, Inc. v. Ranchers Cotton OilCourt of Appeals for the Ninth Circuit · 1980
  5. Robert E. Hughes v. American Jawa, Ltd.Court of Appeals for the Eighth Circuit · 1976

3Cited by84 opinions

  1. In Re Apple Computer Securities LitigationCourt of Appeals for the Ninth Circuit · 1989
  2. In Re "Agent Orange" Product Liability LitigationDistrict Court, E.D. New York · 1985
  3. Southland Sod Farms v. Stover Seed Co.Court of Appeals for the Ninth Circuit · 1997
  4. Southland Sod Farms v. Stover Seed Co.Court of Appeals for the Ninth Circuit · 1997
  5. Betty Sankovich v. The Life Insurance Company of North America and Credit Life Insurance CompanyCourt of Appeals for the Ninth Circuit · 1981

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