Paul Davis, Jr., Administrator of the Estate of Richard Davis, Deceased v. United States

Appellant herein and plaintiff below, Paul Davis, Jr., Administrator of the Estate of Richard Davis, Deceased, appeals from the dismissal of his suit brought in the District of Nebraska against the United States under the Tort Claims Act, 28 U.S.C. § 1346, for the decedent’s wrongful death. Decedent was killed on June 28, 1972 at a construction site when the sides of a trench in which he was working caved in. Plaintiff alleged that decedent’s death was proximately caused by the negligence of an employee of the Occupational Safety and Health Administration (OSHA), who, on June 9,1972, had…