Gary Lessnau v. United States

979 F.2d 855 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Gary LESSNAU, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee. No. 91-16297. United States Court of Appeals, Ninth Circuit. Submitted Nov. 6, 1992. * Decided Nov. 20, 1992. Before GOODWIN, FARRIS and PREGERSON, Circuit Judges. 1 MEMORANDUM ** 2 Gary Lessnau appeals the district court's judgment in his action under the Federal Tort Claims Act, 28 U.S.C. §§ 1346 (b), 2671 et seq. (1988). Lessnau sought recovery for injuries he sustained when he fell through a hole on the second floor of a government building that was under construction by a government contractor. The district court heard the case following remand in Lessnau v. United States, 886 F.2d 287 (9th Cir.1989) (holding that the United States was not immune from suit under the discretionary function exception to the FTCA). On remand, the district court granted judgment for the United States, finding: (1) Lessnau's injury was…