Sutton
Sutton v. Earles
Opinion
Lead Opinion
Canby, J.
Opinion by Judge CANBY.
The plaintiffs are four survivors and the representatives of five deceased victims of an allision between a pleasure boat and a Navy mooring buoy. They obtained a judgment against the United States in this negligence action brought under the Suits in Admiralty Act (“SIAA”), 46 U.S.C.App. §§ 741-752 (1988). In a prior appeal, we held that the discretionary function exception set forth in the Federal Tort Claims Act should be read into the SIAA. Earles v. United States (Earles I), 935 F.2d 1028, 1032 (9th Cir.1991). We vacated the judgment and remanded for a determination whether the government’s actions and omissions in this case fell within the discretionary function exception, thus precluding liability on the part of the United States. The district court found the exception inapplicable, and the United States appeals. 1 The government further challenges the district court’s negligence findings, as well as the amount, type and manner of calculation of the damage awards. We AFFIRM in part, REVERSE in part and REMAND.
I. The Government’s Liability
The facts of the accident giving rise to this action are set forth more fully in our prior opinion, Earles I,…