Garcia Ex Rel. Estate of Garcia v. United States Air Force

PAUL KELLY, JR., Circuit Judge.

Plaintiffs (the “Garcias”) brought this action under the Federal Tort Claims Act (“FTCA”), 28 U.S.C. §§ 1346(b), 2671, 2674, for personal injuries and damages sustained from exposure to toxic mold in their on-base housing unit at Holloman Air Force Base (“HAFB”) in New Mexico. They allege that the mold resulted from water that penetrated their home through a leak in their roof, and that the government was negligent in failing to identify the leak in time to prevent the mold from developing. Finding that the government’s actions fell within the discretionary…