Facts

Plaintiffs Noe Hurtado, Karla Monserrat Diaz Hernandez, C.H., and F.H., citizens and residents of Mexico, filed suit for negligence and premises liability stemming from their family vacation at Yosemite National Park where they alleged a tree fell on their vehicle and injured them.

PLAINTIFFS' CONTENTIONS: Plaintiffs contended that a tree located at Yosemite National Park, which is owned and operated by the United States of America, fell onto the vehicle where Plaintiffs were located and injured Hernandez, C.H., and F.H. as a result. Specifically Plaintiffs contended that they remained trapped inside the vehicle because the tree fell on it and the branch could not be removed without moving the vehicle from under the tree.

DEFENDANT'S CONTENTIONS: Defendant denied Plaintiffs' contentions and moved for dismissal.

Result

The court concluded that the specific tree management decisions challenged by plaintiffs in their claim are susceptible to policy analysis. The government presented abundant evidence indicating that tree management decisions in Yosemite implicate larger concerns-- economic considerations, employee safety concerns, cultural considerations, and environmental interests. Therefore, the discretionary function exception to the Federal Tort Claims Act applied here and the case was dismissed.