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Akiona v. United States

938 F. 2d 158 (1993)

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Akiona v. United States

United States Court of Appeals for the Ninth Circuit
938 F. 2d 158 (1993)

Facts

Dennis Kaululaau threw a hand grenade into the parking lot of a restaurant, injuring Aaron Akiona, Adam Baker, and Edward Moore (the victims) (plaintiffs). Kaululaau, who was convicted of attempted murder, never explained how he obtained the grenade. However, investigation revealed the grenade to be one of thousands manufactured for the United States government (defendant) in the late 1960s. Because the government maintained a policy of destroying records relating to grenades, it was unknown what happened to the grenade between its initial shipment and its later use by Kaululaau. The victims brought an action under the Federal Tort Claims Act, arguing that the government was liable for negligence in allowing Kaululaau to obtain the grenade. The federal district court ruled in favor of the victims, relying on the doctrine of res ipsa loquitur—i.e., “the thing speaks for itself”—to find that the injuries would not have occurred had the government not been negligent. The court also held that the government’s destruction of records shifted the burden of proof to the government. The government appealed the finding of liability. The victims cross-appealed the amount of damages assessed.

Rule of Law

Issue

Holding and Reasoning (Rymer, J.)

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