Wringer v. United States

10 F.3d 809 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Jerome WRINGER, Personal Representative of the Estate of Raymond Russell Wringer, deceased; Jerome W. Wringer, individually as a surviving parent; Linda L. Howard, as a surviving parent, Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-Appellee. No. 92-15984. United States Court of Appeals, Ninth Circuit. Submitted Oct. 5, 1993. * Decided Nov. 12, 1993. Before: TANG, TROTT and FERNANDEZ, Circuit Judges. 1 MEMORANDUM ** 2 The facts of this case demonstrate without doubt and as a matter of law that Raymond Russell Wringer was a "recreational user" of the Prescott National Forest when he died. See Ariz.Rev.Sat.Ann. Sec. 33-1551(B)(2) (1990); State v. Wise, 671 P.2d 909 , 911 n. 3 (Ariz.1983). The controlling recreational use statute bars recovery when the government's alleged "failure to guard or warn against a dangerous condition use, or activity" was not "wilful or malicious." Ariz.Rev.Stat.Ann. Sec.…