Everett Todd Faber v. United States

FERGUSON, Circuit Judge:

Everett Todd Faber sued the United States in tort for its failure to warn of the existence of diving hazards in a national park. The district court granted summary judgment in favor of the United States on the basis that the discretionary function exception to the Federal Tort Claims Act (“FTCA”) rendered the court without subject matter jurisdiction to adjudicate Faber’s claim. Faber appealed. We vacate the judgement of the district court and remand the case for consideration of Faber’s tort claim.

Background

Faber’s injury occurred at the Tanque Verde Falls (“the…