Miller v. United States

MEMORANDUM DECISION

MARSHALL, District Judge.

This is an action brought by plaintiff, Richard Miller, against defendant, United States of America, under the Federal Tort Claims Act to recover damages for personal injuries plaintiff suffered when he dove into shallow water in Crab Orchard Lake which is owned by defendant. Jurisdiction is here under 28 U.S.C. §§ 1346, 2671-2680. Plaintiff alleges that he was in the exercise of ordinary care for his own safety and that his injuries were proximately caused by defendant’s negligence in failing to post signs indicating the depth of the water, failing…