Cope v. Scott

Beach Drive, a road through an urban park, was maintained by the National Park Service (NPS) (defendant) and had many curves. Originally intended for use by park visitors, it came to be a commuter route and thus sustained heavy use. On a rainy evening, John Cope (plaintiff) was driving on Beach Drive when a vehicle driven by Roland Scott (defendant) slid in a curve and hit Cope’s car, injuring Cope. The accident report indicated that the road had a worn, polished surface that was slick when wet. Cope sued Scott and the NPS, a government entity. As to the NPS, Cope alleged negligence in failing to (1) appropriately maintain the road and (2) ensure appropriate warning signs. An engineering study released while trial was pending revealed that the relevant stretch of road was a high-accident area and fell below acceptable skid-resistance levels. However, the study also concluded that work on the road was a medium-priority project in relation to other concerns. Regarding warning signs, evidence showed that the NPS consulted the Manual on Uniform Traffic Control Devices but that final placement decisions often depended on engineering and aesthetic considerations. The NPS moved for summary judgment, arguing that its conduct fell within the discretionary-function exception to the Federal Tort Claims Act (FTCA) and thus sovereign immunity protected the NPS from suit. Cope settled with Scott, and the district court granted summary judgment in the NPS’s favor. Cope appealed.