Soldano
Soldano v. United States
Opinion
Opinion
Fisher, J.
John Soldano and his wife, Denise, sued the United States under the Federal Tort Claims Act, 28 U.S.C. § 1346 (b) (“FTCA”), for damages arising out of a serious motorcycle accident that occurred on a major road in Yosemite National Park. The district court granted summary judgment against the Soldanos, finding that their claims of governmental negligence failed for lack of evidence or were barred by the discretionary function exception to the FTCA, 28 U.S.C. § 2680 (a). We affirm in part, but reverse the district court’s application of the discretionary function exception to the Soldanos’ claim that the government failed to set a safe speed limit at the accident site.
FACTS
A. The Accident
On June 23, 1998, John Soldano was driving his new Harley-Davidson motorcycle west on the two-lane Big Oak Flat Road in Yosemite National Park, a road familiar to Soldano, who had driven it many times. Sitting behind him as his passenger was his wife, Denise. They were cruising between 30 and 35 m.p.h., consistent with the road’s 35 m.p.h. speed limit.
As the Soldanos came around a bend in the road approaching the Cascade Creek Bridge, they were startled to find a van stopped in their lane.…