Henderson v. United States

THIRD AMENDED OPINION

NELSON, Circuit Judge:

Ronald Roy Henderson suffered severe injury as a result of contact with high voltage wires while trespassing on federal land. The district court entered judgment for the United States, dismissing Henderson’s claim under the Federal Tort Claims Act (FTCA), 28 U.S.C. § 1346(b) (1982). We reverse and remand.

I. FACTUAL BACKGROUND

On July 17, 1977, Jeffrey Harmon, then age 26, and Henderson, age 20, entered a remote section of Miramar Naval Air Station, formerly used as a missile test facility, to remove copper cable attached to a power pole. Henderson and…