Childers v. United States

MEMORANDUM AND ORDER

SHANSTROM, District Judge.

FINDINGS OF FACT

1. The Childers family brought a negligence action against the United States pursuant to the Federal Tort Claims Act (“FTCA”), 28 U.S.C. § 2671-2680, for injuries resulting from the death of their son in a winter hiking accident in Yellowstone National Park (‘Yellowstone” or “Park”). The gravamen of the lawsuit is the alleged failure of the National Park Service (“NPS” or “Park Service”) to close the trail where the accident occurred. Since the death occurred in Wyoming, the law of that state applies. 28 U.S.C. § 1346(b).

2. On the…