Pennbank v. United States

OPINION OF THE COURT

MANSMANN, Circuit Judge.

In this appeal from an order granting summary judgment in favor of the defendant government agencies, we must decide whether this action based upon alleged negligence in failing to inspect and discover defects in the construction of a municipal sewer project is barred by an exception to the Federal Tort Claims Act. Because we find that the “discretionary function exception” set forth in 28 U.S.C. § 2680(a) bars the instant action, we affirm.

I

In 1974, the Crawford County Townships of North and South Shenango, Pennsylvania created the North and South…