Cunningham v. United States
Court of Appeals for the Ninth Circuit
1Opinion of the Court
SKOPIL, Circuit Judge:
Georgia Cunningham appeals from a district court’s dismissal of her cause of action brought under the Federal Torts Claims Act, 28 U.S.C. § 2674 (“FTCA”). We affirm.
FACTS AND PROCEEDINGS BELOW
Mitchell Cunningham was an employee at the Stauffer Chemical Company Phosphate Plant (“Stauffer Plant") in Silverbow County, Montana. On August 14, 1982 Cunningham was sprayed with raw phosphorous. He died the following day.
The Stauffer Plant is subject to inspection and regulation by the Occupational Safety and Health Administration (“OSHA”), Department of Labor. OSHA conducted two…
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