Keith L. Prescott v. United States

WILLIAM A. NORRIS, Circuit Judge:

This case arises from the government’s alleged negligence in protecting workers at the Nevada Nuclear Testing Site. The government appeals the district court's motion denying summary judgment on the basis of the discretionary function exception to the Federal Tort Claims Act (FTCA). We affirm.

I

These consolidated actions under the FTCA seek damages for injuries allegedly sustained by 220 individuals in the course of the Government’s nuclear weapons testing program in Nevada. All worked at the United States Nevada Test Site and claim to have suffered radiation…