Debbie Mitchell v. United States
Court of Appeals for the Third Circuit
1Opinion of the Court
OPINION OF THE COURT
ALDISERT, Circuit Judge.
This appeal from the district court’s judgment in favor of Appellee Debbie Mitchell in her complaint brought under the Federal Tort Claims Act (FTCA), 28 U.S.C. § 1346, requires us to decide whether the National Park Service’s choice not to repair or improve a drainage ditch and concrete head-wall located five feet west of a paved roadway came within the discretionary function exception to the Act so as to immunize the Service from Mitchell’s suit brought after she collided with a head-wall at the end of a drainage ditch.
Under the Federal Tort…
2Cases cited11 opinions
- United States v. GaubertSupreme Court of the United States · 1991
- Berkovitz v. United StatesSupreme Court of the United States · 1988
- United States v. S.A. Empresa De Viacao Aerea Rio GrandenseSupreme Court of the United States · 1984
- Sheila Gotha v. United StatesCourt of Appeals for the Third Circuit · 1997
- John R. Cope v. Roland G. Scott United States of AmericaCourt of Appeals for the D.C. Circuit · 1995
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- Xiaoxing Xi v. Andrew HaugenCourt of Appeals for the Third Circuit · 2023
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