Randy Duane Rost, Joe Vester Rost, and Ruby Rost v. United States

FARRIS, Circuit Judge:

Defendant United States appeals from a judgment in favor of Plaintiffs Randy, Joe, and Ruby Rost in this action brought under the Federal Tort Claims Act, 28 U.S.C. §§ 1346(b), 2671 et seq., for personal injury occurring in the Stanislaus National Forest in California. Randy Rost, as a passenger in the back of a short bed pickup truck with camper shell attached, was impaled on the extending piece of a steel road closure gate as it entered through the passenger’s side of the truck. The gate was owned by the government and anchored on government property. The trial court…