Gail Merchant Irving v. United States

OPINIONS EN BANC

SELYA, Circuit Judge.

Almost two decades ago, Gail Merchant Irving suffered horrific injuries in a workplace accident. She sued the United States under the Federal Tort Claims Act (FTCA), 28 U.S.C. §§ 1346(b), 2671-2680, claiming that inspectors employed by the Occupational Safety and Health Administration (OSHA) negligently performed their duties and thereby proximately caused her injuries. The case traveled an inexcusably long and tortuous route to a decision on the merits — a route that included four detours to this court. Ultimately, the district court, proceeding under a…