Legal Opinion

Daniel v. United States

District Court, W.D. Washington

Decided April 2, 2024No. 3:22-cv-05303Unknown

1Opinion

1 2 3 4 5 UNITED STATES DISTRICT COURT 6 WESTERN DISTRICT OF WASHINGTON AT TACOMA 7 ROBERT ALAN DANIEL, et al., Case No. 3:22-cv-05303-TMC 8 Plaintiffs, ORDER ON MOTION TO DISMISS 9 v. 10 UNITED STATES OF AMERICA, 11 Defendant. 12 13 14 In this action brought under the Federal Tort Claims Act (FTCA), Plaintiffs allege that an 15 excavator accident on a Forest Service Road injuring Plaintiff Robert Daniel was caused by the 16 negligence of the United States Forest Service. Defendant United States of America has moved 17 to dismiss Daniel’s claims based on the discretionary function exception…

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. Shelley Savage v. Glendale Union High School, District No. 205, Maricopa CountyCourt of Appeals for the Ninth Circuit · 2003
  4. Lorrin Whisnant, Individually v. United StatesCourt of Appeals for the Ninth Circuit · 2005
  5. Dreier v. United StatesCourt of Appeals for the Ninth Circuit · 1996

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