Michael Mandel v. United States of America and Insurance Company of North America

JOHN R. GIBSON, Circuit Judge.

Michael Mandel appeals from the district court’s grant of summary judgment for defendants United States of America and Insurance Company of North America on his claim for damages under the Federal Tort Claims Act, 28 U.S.C. § 1346(b). Mandel was injured in Buffalo River National Park when he dived from a rock into a swimming hole and struck his head on a submerged rock in the Buffalo River. Mandel contends that the district court’s granting of summary judgment was improper because (1) the Arkansas Recreational Use Statute does not apply to limit the liability of…