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Legal Opinion

Sheila Gotha v. United States

Court of Appeals for the Third Circuit

Decided May 28, 1997No. 96-7442PublishedCited by 260 opinions

1Opinion of the Court

OPINION OF THE COURT

WEIS

In this appeal we conclude that the United States Navy's failure to provide routine safeguards on a footpath leading to a structure under its control does not implicate the discretionary function exception to the Federal Tort Claims Act. See 28 U.S.C. § 2680(a). Therefore, the claim of personal injury based on the plaintiff's fall on the path satisfies the jurisdictional facet of the Act and the judgment dismissing the complaint will be reversed.

At the time of the accident, plaintiff, Sheila Gotha, was an employee of the Martin-Marietta Company, "which was performing…

2Cases cited12 opinions

  1. United States v. GaubertSupreme Court of the United States · 1991
  2. Berkovitz v. United StatesSupreme Court of the United States · 1988
  3. United States v. S.A. Empresa De Viacao Aerea Rio GrandenseSupreme Court of the United States · 1984
  4. John R. Cope v. Roland G. Scott United States of AmericaCourt of Appeals for the D.C. Circuit · 1995
  5. Price A. Baum Margaret Leedy v. United States v. Michael A. Massey, Third PartyCourt of Appeals for the Third Circuit · 1993

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3Cited by260 opinions

  1. Constitution Party of Pennsylv v. Carol AicheleCourt of Appeals for the Third Circuit · 2014
  2. Gould Electronics Inc., F/k/a Gould Inc. American Premier Underwriters, Inc. v. United States of America Gould Electronics Inc. American Premier Underwriters, Inc.Court of Appeals for the Third Circuit · 2000
  3. Cna v. United StatesCourt of Appeals for the Third Circuit · 2008
  4. Group Against Smog & Pollution, Inc. v. Shenango Inc.Court of Appeals for the Third Circuit · 2016
  5. United States of America, Ex Rel., Paul E. Atkinson Eugene Schorsch v. Pa. Shipbuilding Co. First Fidelity Bank, N.A. Sun Ship, Inc., Paul E. AtkinsonCourt of Appeals for the First Circuit · 2007

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