Billy Harrison, Administrator of the Estate of Elsie Marie Harrison v. United States

This case involves eight consolidated personal injury and wrongful death actions brought by eleven plaintiffs under the Federal Tort Claims Act (FTCA). The district court, 521 F.Supp. 1273, held that plaintiffs’ tort claims were barred by the discretionary function exception to the FTCA. This court reversed in part, holding that one of plaintiffs’ theories of negligence was not barred by the discretionary function exception. It remanded the case to the district court for a determination of whether plaintiffs’ theory was cognizable under Arkansas law and whether plaintiffs could establish…