Enslow v. United States
United States Court of Appeals for the Ninth Circuit
No. 93-55164 (1994)
- Written by Caitlinn Raimo, JD
Facts
Kenneth Enslow was a firefighter for the California Department of Forestry (CDF) who died while assisting the United States Forest Service (USFS) in fighting a wildland fire. CDS and USFS had a mutual-aid agreement that provided that each party would provide firefighting assistance to the other as needed. Pursuant to that agreement, the requesting agency would retain responsibility for all firefighting operations. On the day of the fire, CDS supervisors were on scene and supervised Kenneth, and USFS provided a safety warning. Kenneth had never fought a wildland fire or any fire on USFS’s behalf before. On the occasion of the wildland fire, Kenneth provided firefighting assistance for less than one day. Kenneth’s son Aaron Enslow (plaintiff) sued the United States (defendant) under the Federal Tort Claims Act for damages relating to Kenneth’s death. The United States moved for summary judgment, arguing that it was Kenneth’s employer and therefore workers’ compensation was the only remedy available to Aaron. The district court granted the United States’ motion, and Aaron appealed.
Rule of Law
Issue
Holding and Reasoning ()
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