Robert Dennis Phillips v. United States

Phillips appeals from a summary judgment granted against him in his action, under the Federal Tort Claims Act (28 U.S.C. §§ 2671 et seq.), to recover damages for serious personal injuries that he sustained when he fell 70 feet to the base of San Antonio Falls while hiking in Angeles National Forest. The district court held that California Civil Code § 846, immunizing real property owners from liability for injuries to persons who permissively use property for recreational purposes, precluded the Government’s liability to Phillips. The question on appeal is whether there was a triable issue of…