Eric A. Lindgren and Nancy Lindgren v. United States

On September 28, 1974, plaintiff Eric A. Lindgren was water skiing on a section of the Colorado River, south of Parker Dam. While making a run, plaintiff’s ski struck the river bottom, throwing plaintiff forward and causing him serious physical injury-

Plaintiffs filed their First Amended Complaint on February 26, 1979. The complaint named the United States as defendant and sought damages pursuant to the Federal Tort Claims Act (FTCA), 28 U.S.C. §§ 1346 (b) and 2671 et seq., for personal injury, negligent infliction of emotional distress and loss of consortium. Plaintiff’s complaint alleged that the U.S. Bureau of Reclamation, the agency in control at Parker Dam, had artificially altered the flow, the water level and the riverbed configuration of the Colorado River, and had thereby created a dangerous condition for users of the river. Plaintiffs further alleged that the Bureau had knowledge of the recreational use of the river and of the hazards posed to such users by the Bureau’s alteration; it was alleged that despite this knowledge, the Bureau had failed to post any warnings as to the dangerous condition of the river.

On May 25, 1979, the United States moved for summary…