Archie Epling v. United States

Archie Epling brought this negligence action against the United States under the Federal Tort Claims Act. The District Court found no negligence on the part of the government and entered judgment against Epling, who appeals. We affirm.

Epling went for a late Sunday afternoon ride on a motorcycle with a female passenger riding on the seat behind him, along Route 66, westerly of Winslow, Arizona. About 6:00 p.m. as dusk was coming on, Epling turned the motorcycle onto an access road, leading to a radar station, which the Air Force had deactivated about a year before. Epling had been there once before and knew that the abandoned radar station was government property.

Neither Epling nor his passenger saw the sign located right after the access road leaves Route 66, which read:

Nor did they see another sign which indicated the speed limit on the road to be five miles per hour.

About one-half mile up the road, a steel cable was stretched across the way attached to two 4x4 posts on either side of the road. A wooden sign hung from the middle of the cable; it read: “Stop —Do Not Enter.” Several feet behind the cable, there was a standard stop sign, mounted on a portable base.

A…