Felix Valdez v. United States

Felix Valdez appeals the district court’s order granting the Government’s motion to dismiss his claim for lack of subject matter jurisdiction. We have jurisdiction over the appeal pursuant to 28 U.S.C. § 1291 (1988), and we affirm.

I. BACKGROUND

On July 25, 1991, Felix Valdez plummeted ninety feet down the face of the Ella Falls waterfall in Kings Canyon National Park. As a result, Valdez was rendered a quadriplegic. The facts surrounding this accident are undisputed. Kings Canyon National Park is owned by the United States and operated by the National Park Service (“NPS”) of the Department of the Interior. Valdez, who was employed by a concessionaire operating within the park, went hiking that afternoon with three companions along the Sunset Trail. The trail led them to the base of Ella Falls, where they rested for about half an hour. During the hike and the rest at the base of the falls, Valdez drank at least three beers. After resting, they left the trail and climbed approximately ninety feet up the left side of the falls. Upon reaching the summit, they remained there for approximately half an hour before crossing the creek at the top of the falls. As Valdez attempted to…