Christopher L. Phillips v. United States

15 F.3d 1088 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Christopher L. PHILLIPS, Plaintiff-Appellee, v. UNITED STATES of America, Defendant-Appellant. No. 92-36771. United States Court of Appeals, Ninth Circuit. Submitted Jan. 4, 1994. Decided Jan. 20, 1994. Before: WRIGHT, CANBY, and T.G. NELSON, Circuit Judges. 1 MEMORANDUM * 2 The district court entered judgment against the United States and awarded damages to Mr. Phillips. We affirm. 3 Little Owl Road in the Boise National Forest was rebuilt pursuant to a timber sale contract. The contract mandated engineering specifications, including compaction density for the surface aggregate. Phillips was injured and permanently disabled when his semi-truck with a heavy load rolled down an embankment after sinking into a soft spot in the road. He sued the United States under an Idaho premises-liability theory of tort. 4 The Federal Tort Claims Act allows suit against the United States for the negligence of its employees "in…