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Torts: Federal Tort Claims Act-Discretionary Function Exception-Sovereign Immunity
Staff Report//April 1, 2019//
Where a man, who was severely injured while working in a gravel mine, sued the United States under the Federal Tort Claims Act alleging that his injuries were caused in part by a federal mine inspector’s inadequate inspection, the discretionary-function exception precluded suit against the government for the alleged breach of the inspector’s duties except for the duty to review training records, so the suit is remanded for review on this issue.
Judgment is affirmed in part; reversed in part.
Buckler v. U.S. (MLW No. 72960/Case No. 17-2567 – 22 pages) (U.S. Court of Appeals, 8th Circuit, Melloy, J.) Appealed from U.S. District Court, Western District of Missouri, Whipple, J. (Benjamin S. Creedy, St Joseph, Missouri, for appellant) (Matthew N. Sparks, Kansas City, Missouri, for appellee).
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