Graves v. United States Coast Guard

692 F.2d 71 Leonard GRAVES, Plaintiff/Appellant, v. UNITED STATES COAST GUARD, Department of Interior, Bureau of Land Management, Water and Power Resources Service, all agencies of the United States; the United States of America, Defendants/Appellees. No. 81-5585. United States Court of Appeals, Ninth Circuit. Argued and Submitted Sept. 7, 1982. Decided Oct. 28, 1982. Allen D. Shugar, Shugar & Luster, Los Angeles, Cal., for plaintiff/appellant. Dzintra I. Janavs, Los Angeles, Cal., for defendants/appellees. Appeal from the United States District Court for the Central District of California. Before HUG, FERGUSON and CANBY, Circuit Judges. PER CURIAM: 1 The plaintiff was injured when he dove off a cabana into the Colorado River. In his complaint, brought under the Federal Tort Claims Act, 28 U.S.C. Secs. 1346 (b) & 2671-80, he alleges that (a) the cabana was located on property leased from the government by a private party, (b) the lessee maintained the land as a recreational center open to the public for a fee, (c) he paid the required fee to use the recreational facilities, and (d) there were no warnings posted to caution the public about the possible danger of diving off…