Collard v. United States

ORDER DENYING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT

KAY, District Judge.

The United States moves for summary judgment pursuant to Rule 56 of the Feder al Rules of Civil Procedure. The United States contends that the Hawaii Recreational Use Statute (Haw.Rev.Stat. §§ 520-1, et seq.) which encourages land owners to make land and water available to the public for recreational purposes by limiting their liability precludes the United States from liability under the Federal Tort Claims Act.

I. BACKGROUND FACTS

On November 28, 1984, Vincent Collard, 13 years old, and his 14 year-old brother, Russell,…