Douglas S. Gard v. United States

Plaintiff Gard appeals from the district court’s granting of defendant’s summary judgment motion in his personal injury action against the United States. We affirm.

I. Statement of the Case

During their Christmas vacation from college in 1972, Gard and three friends took a car tour through Nevada. The four students were between 18 and 19 years old. While driving, the men saw an A-frame apparatus covering an old mine on federal property approximately 200 yards from the highway. The mine had a vertical shaft, and Gard and two of his friends descended a wooden ladder to the bottom. It was apparent that the mine was old and deserted and had not been kept in repair.

After leaving the A-frame mine, the men decided to explore other mines in the area. The four entered the mine in which Gard’s accident occurred. It was as far from the road as the A-frame mine, but not as noticeable. It was also old, deserted, and in ill-repair. The four men entered the mine in single file. After a while, their only flashlight was passed to the third man in line. About 100 feet into the mine they discovered a horizontal shaft. While the third man retained the flashlight, Gard took the lead and proceeded…