J. Harold Cagle, Individually and as Next-Friend and Guardian of Todd Lee Cagle v. United States

MERRITT, Chief Judge.

Plaintiff’s eleven year old son injured himself in Shiloh National Military Park when a battlefield cannon collapsed on him. Plaintiff sued defendant under the Federal Tort Claims Act, 28 U.S.C. § 2671 et seq., and now appeals the grant of summary judgment for defendant. We affirm.

BACKGROUND

During an April 24, 1986 school field trip to Shiloh, plaintiff’s son, Todd Cagle, and several of his classmates were playing on a 30 pounder Parrot siege cannon, which weighs about 4200 pounds. It is not in dispute that these children, including Todd Cagle, were on top of the back end…