Carmen D. Baxley, Administratrix of the Estate of Alan Douglas Baxley, Deceased v. United States

SNEEDEN, Circuit Judge:

Carmen Baxley, the surviving spouse of Alan Douglas Baxley, filed a Federal Tort Claim Act (FTCA) action, in which she alleged that the Federal Aviation Administration (FAA) failed to regulate a type of aircraft known as an “ultralight flyer” in which her husband was killed. The government filed a motion to dismiss on the grounds that the action was barred by the discretionary function exception of the FTCA. See 28 U.S.C. § 2680(a). 1 The district court granted the government’s motion and dismissed Baxley’s claim on the ground that the FAA’s decision not to regulate and…