Schieler

MEMORANDUM DECISION AND ORDER OF DISMISSAL.

This trial was bifurcated to try the issue of “discretionary function” exception to the Tort Claims Act [ 28 U.S.C. § 2680 (a)].

Plaintiff was injured when struck by lightning while standing on Moro Rock in Sequoia National Park on August 20, 1975, at a time when park visitors were not warned of the danger of lightning strikes.

Plaintiff’s complaint alleges that the National Park Service “negligently and carelessly failed to provide any warning, guidance or supervision at all in respect of the danger of being struck by lightning atop Moro Rock or of the fact that such a storm was impending, and, in any event, failed to provide and maintain reasonable or any safety devices to de-electrify the observation area.” Complaint, p. 3:5-9. Plaintiff points out in his arguments that most of the evidence produced by the Government has been directed toward provision of a warning sign at Moro Rock, and does not address other possible methods of warning or the provision of safety devices in the observation area. In addressing the issue here, the Court considers the duty to warn as encompassing the provision of a sign or any other method of warning,…