Daniel

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS DEC 17 2025

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

ROBERT ALAN DANIEL; HANNA SUE No. 24-6821 DANIEL; ROBERT ALAN DANIEL, as D.C. No. guardian on behalf of minors J.R.D. and 3:22-cv-05303-TMC

L.J.D.,

Plaintiffs - Appellants, MEMORANDUM*

v.

UNITED STATES OF AMERICA,

Defendant - Appellee.

Appeal from the United States District Court for the Western District of Washington Tiffany M. Cartwright, District Judge, Presiding

Argued and Submitted November 18, 2025 Seattle, Washington

Before: McKEOWN, PAEZ, and DESAI, Circuit Judges.

Robert Alan Daniel was working in the Gifford Pinchot National Forest

(“Gifford Forest”) when his excavator slid sideways off an icy road and tumbled

down a hill. With his children, Daniel brought suit under the Federal Tort Claims

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. Act (“FTCA”), alleging negligence in the design, construction, maintenance, and

repair of the road—Forest Road 47…