Roy Bieghler and Joanne Hoff v. Thomas S. Kleppe, Secretary of the Interior, United States of America, and the United States of America

INTRODUCTION

Bieghler and Hoff appeal the entry of summary judgment against them in their negligence action against the government. We find there was a genuine issue of material fact as to the cause of the accident. We reverse and remand.

FACTS AND PROCEEDINGS BELOW

On May 26, 1977 Roy Bieghler, Harvey Hoff, and Bradley Martin were riding their motorcycles through the Mount Carmel tunnel in Mount Zion National Park in Utah. An accident occurred in the tunnel. Hoff was killed. Bieghler and Martin were seriously injured. Both have retrograde amnesia, blocking their memories of the accident and the events immediately preceding it.

Bieghler and Hoff’s widow (plaintiffs) brought this negligence action against the government under the Federal Tort Claims Act. 28 U.S.C. § 1346 and 28 U.S.C. §§ 2671 et seq. They alleged negligence in the design, construction, operation, and maintenance of the tunnel. After certain discovery was taken, the government moved for summary judgment on the grounds that plaintiffs could not establish a causal connection between defendants’ negligence (if any) and the accident beyond mere speculation and conjecture. The motion was supported by the pleadings…