Childers

ORDER

The memorandum disposition filed November 2, 1994, is redesignated as an authored opinion by the Honorable Donald P. Lay.

OPINION

This is an appeal from the trial court’s judgment in favor of the United States in a negligence action brought under the Federal Tort Claims Act (“FTCA”), 28 U.S.C. §§ 2671-2680 , involving the death of David Childers, age 11, in a winter hiking accident in Yellowstone National Park (‘Yellowstone”). The action was brought by his mother and. father as representatives of his estate in their own name and as guardian ad litem for the deceased’s brothers and sisters (collectively, “the Childers”).

*974 The district court entered a judgment in favor of the United States, finding for the defendant on five separate grounds. First, the court held the discretionary function exception to the FTCA, 28 U.S.C. § 2680 (a), bars claims relating to the National Park Service’s (“the NPS”) treatment of Yellowstone’s unmaintained winter trails. Next, even if the United States were not immune from liability, the court found the NPS had no duty to warn of the dangers associated with snow and ice under Wyoming law. In addition, the court determined the NPS’s…