Donnetta Berrien v. United States

OPINION

ROGERS, Circuit Judge.

Plaintiffs decedent worked for a civilian contractor at a military base in Michigan. He was fatally injured by a gutter that fell from the liquor store on the base. The United States appeals from the district court’s award under the Federal Tort Claims Act of $1.18 million in damages for failure to warn. Because the Act does not waive the immunity of the United States for acts of independent contractors, liability could only be based on the negligence of government employees. There is no evidence that government employees actually knew of the dangerous condition…