Legal Opinion

David B. Zavadil and Barbara Zavadil v. United States of America, Acting by and Through the Department of Army, U.S. Army Corps of Engineers

Court of Appeals for the Eighth Circuit

Decided July 11, 1990No. 89-1813PublishedCited by 16 opinions

1Per curiam

David Zavadil was rendered a quadriplegic when he struck a submerged concrete boat ramp while diving from a dock located on Lewis and Clark Lake. The lake lies between Nebraska and South Dakota and is formed by the Gavins Point Dam, located on the Missouri river. The dam was built and is owned and operated by the United States Army Corps of Engineers.

David and his wife Barbara brought this tort action against the United States under the Federal Tort Claims Act (FTCA), 28 U.S.C. §§ 1346(b), 2674 (1988), alleging that David’s injuries were caused by the negligence of the government. The…

2Cases cited8 opinions

  1. Richard McCarthy v. United StatesCourt of Appeals for the Ninth Circuit · 1988
  2. United States v. JamesSupreme Court of the United States · 1986
  3. National Mfg. Co. v. United StatesCourt of Appeals for the Eighth Circuit · 1954
  4. Manfred Lewis Estes v. United StatesCourt of Appeals for the Eighth Circuit · 1989
  5. Dennis Fryman v. United StatesCourt of Appeals for the Seventh Circuit · 1990

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3Cited by16 opinions

  1. Daniel A. Boudreau v. United StatesCourt of Appeals for the Fifth Circuit · 1995
  2. Kennedy v. Texas UtilitiesCourt of Appeals for the Fifth Circuit · 1999
  3. Linda Henderson Robert Henderson, III Eric Henderson Dorothy Henderson v. United StatesCourt of Appeals for the Eighth Circuit · 1992
  4. Hiersche, Personal Representative of the Estate of Hiersche, Deceased v. United StatesSupreme Court of the United States · 1992
  5. Scott Bailey v. United States of America, Department of the Army Corps of EngineersCourt of Appeals for the Seventh Circuit · 1994

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