Muchhala

FINDINGS OF FACT AND CONCLUSIONS OF LAW

I.INTRODUCTION

On May 9, 2004, Jay David Muchhala, a twenty-seven year old man, climbed a high voltage power pole in Yosemite National Park (‘Yosemite”). He was electrocuted and died, either as a result of the electrocution or from the resulting fall. Plaintiffs, Jay Muchhala’s parents, filed suit against the United States of America, which owns and operates the Park as well as the high voltage electric pole at which the accident occurred. Brought under the Federal Tort Claims Act, 28 U.S.C. § 2671 , et seq., the complaint alleges (1) negligence and (2) dangerous condition of public property. (Doc. 1, June 30, 2005.)

On August 4, 2006, Magistrate Judge Lawrence J. O’Neill granted the United States’ motion for summary judgment with respect to the issue of negligence per se, but denied the motion as to all other issues. (Doc. 36.) Evidence was taken during a three day bench trial on September 21-23, 2006. (Docs.69-71.) The parties presented oral summations at the close of evidence. The parties were also invited to submit proposed findings of fact and conclusions of law, and did so. (Docs.73, 74.) Having considered all submissions and the…