James R. Termini v. United States

This case arises out of an accident which the appellant, James Termini, suffered while driving on a United States Forest Service (USFS) Road in the Angeles National Forest in California. The appellant mistook a spur that forked off the road for the road itself. The spur, however, ended at a cliff over which the appellant plunged when the brakes on his 1967 Jeep failed. The appellant incurred serious injuries as a result.

The appellant sued the United States under the Federal Tort Claims Act (FTCA), 28 U.S.C. §§ 1346 (b), 2674 et seq. (1988), alleging negligence on the part of the USFS in the design and maintenance of the forest road system. The FTCA renders the United States liable in tort to the same extent as a private individual under the law of the place where an injury occurs. California has enacted a Recreational Use Statute, Cal.Civ.Code § 846 (West Supp.1991), which provides private landowners with a substantial measure of immunity from liability for injuries incurred by those entering or using their land for recreational purposes. The district court, after holding a bench trial, found this statute to bar the appellant’s action and entered a decision in favor of the…