Lee S. Donaldson v. United States

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

On August 1, 1971, Donaldson was severely injured in a diving accident at Englebright Reservoir, California, when he swung out over the water on a rope, dived in, and struck either a submerged object or the bottom with his head. His neck was broken, resulting in paralysis from there down.

The accident took place at Point Defiance, a recreation area located at the northeastern end of the reservoir at which the Army Corps of Engineers maintains developed campgrounds, a marina, and boat launching ramps.

The United States filed with the district court a motion for summary judgment, contending that California Civil Code § 846 removed any duty of care that the United States might otherwise have owed Donaldson under the sections of California law made applicable to the case by the Federal Tort Claims Act. The district court initially denied the motion, but upon reconsideration granted it on the basis of…