Martha M. Kirk, an Adult, and Kenneth William Kirk, a Minor, Who Sues by His Guardian Ad Litem, Martha M. Kirk v. United States

I agree that the judgment of the district court must be affirmed; but since I have certain reservations with respect to the reasons given for the affirmance in the majority opinion, I prefer to base my concurrence upon another ground.

The gist of the majority opinion seems-to be stated in the quotation from the memorandum decision of the trial court which appears at the end of the opinion. The statement there approved recites: “The voluntary assumption of such a program [accident prevention and safety program] for the welfare of all parties-concerned should not create liability on the part of…