Opal v. Mitchell v. United States
Court of Appeals for the Ninth Circuit
1Opinion of the Court
SKOPIL, Circuit Judge:
The government appeals from a district court finding of ]iability for the death of Vernon Mitchell. We reverse,
FACTS AND PROCEEDINGS BELOW
Vernon Mitchell contracted to crop dust a field located near the Yakima River in Washington. On May 18, 1980 his plane struck unmarked power transmission ground wires, resulting in his death. His wife, Opal Mitchell, brought a wrongful death action against Bonneville Power Administration (“BPA”), pursuant to the Federal Torts Claims Act, 28 U.S.C. § 2674 (“FTCA”). She alleged the BPA negligently failed to alert pilots of the presence…
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