Legal Opinion

Teresa Gonzalez v. USA

Court of Appeals for the Fifth Circuit

Decided March 22, 2017No. 16-60062PublishedCited by 29 opinions

1Opinion of the Court

PATRICK E. HIGGINBOTHAM, Circuit Judge:

Teresa Gonzalez was injured while riding her bicycle over a ramp at De Soto National Forest. She sued various United States officials under the Federal Tort Claims Act (“FTCA”), 28 U.S.C. §§ 2671-2680, alleging they failed to inspect and maintain the bicycle trails, and failed to warn her of the hazard. The United States moved to dismiss, arguing that the FTCA’s “discretionary function exception” barred Gonzalez’s claims. The district court granted the motion. We AFFIRM.

I

On July 28, 2012, Teresa Gonzalez and Robert Reville, Jr., went to the De Soto…

2Cases cited17 opinions

  1. United States v. GaubertSupreme Court of the United States · 1991
  2. Berkovitz v. United StatesSupreme Court of the United States · 1988
  3. In Re Fema Trailer Formaldehyde Products Liability LitigationCourt of Appeals for the Fifth Circuit · 2012
  4. Freeman v. United StatesCourt of Appeals for the Fifth Circuit · 2009
  5. United States v. Navajo NationSupreme Court of the United States · 2003

12 more not listed; retrieve them via the Exa API.

3Cited by29 opinions

  1. Ball v. United StatesCourt of Appeals for the Tenth Circuit · 2020
  2. Barron v. United StatesCourt of Appeals for the Fifth Circuit · 2022
  3. Normand Dumais, Jr., et al. v. United States of America, et al.District Court, D. New Hampshire · 2023
  4. Silva v. United StatesCourt of Appeals for the Fifth Circuit · 2024
  5. Lightering LLC v. Teichman Grp., LLCDistrict Court, S.D. Texas · 2018

24 more not listed; retrieve them via the Exa API.

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