Gary Thompson, an Incompetent, by Charles F. Thompson, His Guardian Ad Litem v. United States

Gary Thompson, through his guardian ad litem, brought an action against the United States under the Federal Tort Claims Act, 28 U.S.C. § 1346 (b), for injuries he received in the course of a motorcycle race on federal land. The Bureau of Land Management (BLM) had granted a permit to Ronald Vincellette, on behalf of the Sportsman Racing Association (Association) to conduct the race. The appellant contends that the injury resulted from the negligent marking of the race course or the failure to properly control the spectators and that the United States owed a duty to appellant to assure the race was conducted safely. The district court entered a summary judgment for the government, from which Thompson appeals. We affirm.

Facts

On September 18, 1972, the Riverside, California office of the BLM received a Special Land Use Application from the Association, for permission to conduct a European-style scrambles motorcycle race on October 1, 1972. The BLM issued the permit on September 29. As a special condition to the permit, Ronald Vincellette, on behalf of the Association, agreed to assume responsibility for public safety at the event. The Association laid out a race course through the…