Dennis Hurst and Joyce Hurst v. United States of America and Don Hight

BRIGHT, Senior Circuit Judge.

Appellants Dennis and Joyce Hurst brought this action against the United States under the Federal Tort Claims Act (FTCA), 28 U.S.C. § 1346(b) (1982), and a pendent state-law claim against Don Hight. The Hursts alleged that, under the supervision of the Army Corps of Engineers, Hight negligently constructed two jetties in a river channel that caused severe flooding on the Hursts’ property. After a joint bench and jury trial, the jury found Hight not liable on the state claim, and the district court thereafter made findings and dismissed the action against the…