Legal Opinion
Lorrin Whisnant, Individually v. United States
Court of Appeals for the Ninth Circuit
Decided March 11, 2005No. 04-35340PublishedCited by 177 opinions
1Opinion of the Court
BETTY B. FLETCHER, Circuit Judge.
Plaintiff-appellant Lorrin Whisnant appeals the district court’s dismissal of his Federal Tort Claims Act suit against the United States for negligence in its operation of a commissary on a naval base. Whisnant claims he became ill as a result of regular exposure to the toxic mold the government negligently allowed to colonize the commissary’s meat department over a period of three years. Holding this action barred by the discretionary function exception to the FTCA, the district court dismissed for lack of subject matter jurisdiction. We hold that the…
2Cases cited16 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
- Indian Towing Co. v. United StatesSupreme Court of the United States · 1955
- Wolfe v. StrankmanCourt of Appeals for the Ninth Circuit · 2004
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3Cited by177 opinions
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- Spotts v. United StatesCourt of Appeals for the Fifth Circuit · 2010
- Terbush v. United StatesCourt of Appeals for the Ninth Circuit · 2008
- Stevens v. Zappos.com., Inc. (In re Zappos.com., Inc.)Court of Appeals for the Ninth Circuit · 2018
- Karen Logan v. Us Bank National AssociationCourt of Appeals for the Ninth Circuit · 2013
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