Section 21.41 Sample Cases

• Library: Tort Law 2016

3. (§21.41) Sample Cases

Other decisions dealing with the "discretionary function" exception include the following:

· Miles v. Naval Aviation Museum Found., Inc., 289 F.3d 715 (11 ^th Cir. 2002) (the government’s negligent hiring and training of airplane maintenance inspectors did not fall within the discretionary function exception)

· Bowman v. United States, 848 F. Supp. 979 (M.D. Fla. 1994) (the government’s guide for the design, construction, and maintenance of disposal facilities was within the exception)

· Goewey v. United States, 886 F. Supp. 1268 (D.S.C. 1995) (the government’s decision to delegate responsibility for housing maintenance to a contractor was within the exception)

· Faber v. United States, 56 F.3d 1122 (9 ^th Cir. 1995) (the U.S. Forest Service’s failure to follow specifically prescribed federal policy regarding installation of signs to warn of danger was not within the exception)

· Kane v. United States, 15 F.3d 87 (8 ^th Cir. 1994) (the VA’s (Veteran’s Administration’s)

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