Civil Litigation,
Government,
9th U.S. Circuit Court of Appeals
Oct. 11, 2019
Split panel says park service can be sued for tree branch death
The 9th U.S. Circuit Court of Appeals revived part of a claim brought by the family of a boy who was killed along with a friend when a tree branch fell on their tent in a campground in Yosemite National Park in 2015.
The 9th U.S. Circuit Court of Appeals revived part of a claim brought by the family of a boy who was killed along with a friend when a tree branch fell on their tent in a campground in Yosemite National Park in 2015.
The split panel ruled Thursday the Federal Tort Claims Act does not shield the National Park Service from a negligence claim brought by the family of 14-year-old Dragon Kim.
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Related Content
Torts
Kim v. U.S.
When tortfeasors have adopted a technical policy to evaluate the hazards caused by trees, the discretionary function of the Federal Tort Claims Act may not apply to dismiss the case.
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