Twohig v. United States

MEMORANDUM AND ORDER

LOVELL, District Judge.

This is an action under the Federal Tort Claims Act, 28 U.S.C. §§ 2671-2680, arising out of the death of plaintiffs’ decedent after being buried in an avalanche at the Lolo Pass Winter Sports Area. The complaint alleges that defendant operates the Lolo Pass ski area in the vicinity of “Mt. Fuji,” which is located within the Clear-water and Lolo National Forests, and has a duty to exercise reasonable care to inspect and make the area safe for use by skiers and to warn of dangers involving unreasonable risk of harm, including the danger of avalanche.…