Legal Opinion
Gail Merchant Irving v. United States
Court of Appeals for the First Circuit
Decided July 25, 1990No. 89-1365PublishedCited by 27 opinions
1Opinion of the Court
FAIRCHILD, Senior Circuit Judge.
The plaintiffs suit alleges that she was injured at work because Occupational Safety and Health Administration (OSHA) inspectors twice negligently failed to notice a dangerous condition which was a serious violation of OSHA safety standards. The question on appeal is whether this suit falls within the discretionary function exception to the United States’ waiver of sovereign immunity in the Federal Tort Claims Act (FTCA).
I
Gail Merchant Irving (then Gail Merchant) worked at the Somersworth Shoe Company plant in Somersworth, New Hampshire. On October 10, 1979,…
2Cases cited23 opinions
- Berkovitz v. United StatesSupreme Court of the United States · 1988
- United States v. S.A. Empresa De Viacao Aerea Rio GrandenseSupreme Court of the United States · 1984
- Mildred Galvin v. Occupational Safety & Health AdministrationCourt of Appeals for the Fifth Circuit · 1988
- Floyd A. Wright v. United States of America, and Nathan Fletcher, Malcolm S. Segal and Does I Through XxiiiCourt of Appeals for the Ninth Circuit · 1983
- Patsi Ayala, and Myra Lynn Guthrie v. Joy Manufacturing Company, United States of America, Department of Labor, Mine Safety and Health AdministrationCourt of Appeals for the Tenth Circuit · 1989
18 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- John L. Kelly v. United StatesCourt of Appeals for the First Circuit · 1991
- Elias Attallah, Violeta Lajam De Attallah, and the Conjugal Partnership They Comprise v. United StatesCourt of Appeals for the First Circuit · 1992
- Gail Merchant Irving v. United StatesCourt of Appeals for the First Circuit · 1998
- Magee v. United StatesCourt of Appeals for the First Circuit · 1997
- Gail Merchant Irving v. United StatesCourt of Appeals for the First Circuit · 1995
22 more not listed; retrieve them via the Exa API.