Renee Morgan, as Personal Representative of the Estate of Gary F. Morgan, Deceased v. The United States of America

This wrongful death action arises from an accidental electrocution that occurred in the Grand Coulee Dam National Recreation Area in the State of Washington. Plaintiffs decedent, Gary Morgan, was canoeing with a companion and two dogs on Lake Roosevelt in the Recreation Area. Morgan beached the canoe to let the dogs run. After running along the beach a slight distance, one dog stepped into the lake and suddenly disappeared. When Morgan entered the lake to rescue the dog he was instantly overcome and rendered disabled. Morgan’s companion cautiously entered the water and, upon feeling a tingling sensation, immediately withdrew and went for help. Divers recovered Morgan’s body later that day at the lake’s bottom. Subsequent investigation revealed that an electrically-driven irrigation pump located nearby had shorted and discharged electricity into the lake. The pump was owned and operated by a special use permittee, Vem Leach.

Plaintiff initiated suit under the Federal Tort Claims Act (“FTCA”), 28 U.S.C. §§ 1846 (b), 2401(b), 2671-2680, against Leach and the government. Both defendants filed motions for summary judgment, contending Wash.Rev.Code Ann. §§ 4.24.-200-.210 (Supp.1983),…