Thomas Robert Simpson v. United States

Thomas Simpson appeals from an adverse summary judgment granted in favor of the United States by the district court in an action brought by Simpson pursuant to the Federal Tort Claims Act, 28 U.S.C. § 2671 et seq. Jurisdiction of the appeal is founded upon 28 U.S.C. § 1291 .

The uncontroverted allegations of fact show that on December 20, 1973, Simpson and two companions drove to the Creek in Inyo National Forest Recreation Area, California, where they began walking from the parking lot to the hot water pools along a marked and paved trail. While following the trail, Simpson read a United States Forest Service sign that stated, “WARNING — Potholes and Scalding Water, Use Extreme Caution, No Life Guard on Duty, Swim at Your Own Risk, U.S.F.S.” About half to three-quarters of the way down to the creek, Simpson and his friends left the asphalt path and walked straight down the snow-covered hillside to the water’s edge. There Simpson walked onto a small peninsula jutting into the creek. He came to a sign warning, “Go beyond this sign at your own risk.” Upon seeing the sign, he turned to his left to retreat, and stepped 4 to 5 feet away. Then the ground gave way, tossing him into the…