Richard Paul Miller v. The United States of America

BAUER, Circuit Judge.

In this civil action arising under the Federal Tort Claims Act, the district court awarded Richard P. Miller one million dollars for injuries he sustained in a diving accident at the Crab Orchard National Wildlife Refuge in southern Illinois. The United States appeals from the lower court’s judgment on the issue of liability. We affirm the decision for the reasons noted below.

As a first step, we must briefly outline the relevant facts. The Crab Orchard National Wildlife Refuge is owned by the United States and administered by the Department of the Interior. Within the…