United States Court of Appeals for the Ninth Circuit
400 F.3d 1177 (2005)
Whisnant (plaintiff) worked for a company that provided food to the commissary on a military base. A United States (defendant) agency, DeCa, operated the commissary. DeCa regulations mandated safety inspections of the commissary, but DeCa employees decided when and how to inspect the base. DeCa discovered a toxic mold problem in the commissary that later caused injuries to Whisnant. Whisnant brought a negligence claim against the United States, alleging that DeCa was negligent in failing to discover the mold and in its cleaning of the mold. The district court dismissed in favor of the United States, holding that Whisnant’s claim was barred by the discretionary function exception of the Federal Tort Claims Act (FTCA).
Rule of Law
Holding and Reasoning (Fletcher, J.)
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