Facts

In June 1999, plaintiff decedent Peter Terbush, a college student, died while rock-climbing just above and to the east of the Curry Village section of Yosemite National Park. A falling chunk of cliff face, weighing about 600 tons, exfoliated. Terbush was twenty-one. His parents filed suit against the United States for wrongful death damages and premises liability, based upon the alleged dangerous condition of public property.

PLAINTIFFÆS CONTENTIONS:
Plaintiff contended that the park was under a duty to post signs warning of the potential and imminent danger of falling rocks in the area. Plaintiff further contended that park officials knew the area had become destabilized by recent modifications to storage tanks at Glacier Point, above Curry Village. Plaintiff argued the government was not immune to liability pursuant to the discretionary function defense of the Federal Tort Claims Act because there were mandatory duties relating to sign postage pursuant to OSHA and the Federal National Park Service Guidelines.

DEFENDANTÆS CONTENTIONS:
The government contended that Terbush was an experienced climber and therefore was well aware of the inherent risks involved in rock climbing. The government further claimed it was immune under the discretionary function immunity from liability under the Federal Tort Claims Act because there is no mandatory federal policy relating to warnings and that OSHA did not apply because the park was not a work place.

Damages

$10,000,000.

Result

The court granted the government's motion to dismiss on the gound of lack of subject matter jurisdication due to the applicability of the discretionary function defense.