Legal Opinion

Bailey v. United States

Court of Appeals for the Ninth Circuit

Decided September 29, 2010No. 09-16247PublishedCited by 31 opinions

1Opinion of the Court

Opinion by Judge BEA; Dissent by Judge B. FLETCHER.

*858OPINION

BEA, Circuit Judge:

On Memorial Day weekend 2005, Joseph Bailey rowed his boat over a submerged dam on the Yuba River in Northern California. The boat foundered, and Bailey drowned. The Army Corps of Engineers (“the Corps”) had placed signs warning of the dam, mid-river upstream of, and on the banks near the dam. However, recent heavy river flows had washed the signs away. Four days before Bailey met his sad fate, the Corps had attempted to replace the warning signs, but had judged that the Yuba was so turbulent as to threaten the…

2Cases cited8 opinions

  1. Berkovitz v. United StatesSupreme Court of the United States · 1988
  2. Lorrin Whisnant, Individually v. United StatesCourt of Appeals for the Ninth Circuit · 2005
  3. Terbush v. United StatesCourt of Appeals for the Ninth Circuit · 2008
  4. Miller v. United StatesCourt of Appeals for the Ninth Circuit · 1998
  5. Alfrey v. United StatesCourt of Appeals for the Ninth Circuit · 2002

3 more not listed; retrieve them via the Exa API.

3Cited by31 opinions

  1. John Miller v. United StatesCourt of Appeals for the Ninth Circuit · 2021
  2. Oswaldo Tobar v. United StatesCourt of Appeals for the Ninth Circuit · 2013
  3. In re the Complaint of Ingram Barge Co.District Court, N.D. Illinois · 2016
  4. Chadd Ex Rel. Estate of Boardman v. United StatesCourt of Appeals for the Ninth Circuit · 2015
  5. Ruffino v. United StatesDistrict Court, E.D. California · 2019

26 more not listed; retrieve them via the Exa API.

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