John James v. United States

65 F.3d 175 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. John JAMES, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee. No. 94-15156. United States Court of Appeals, Ninth Circuit. Argued and Submitted March 15, 1995. Decided Aug. 16, 1995. Before: FLETCHER, REINHARDT, and NOONAN, Circuit Judges. 1 MEMORANDUM * 2 Plaintiff John James appeals the district court's summary judgment dismissing his action against the United States under the Federal Tort Claims Act ("FTCA"), 28 U.S.C. Sec. 2674 . James seeks damages for injuries he sustained while performing work for an independent contractor at a U.S. Navy facility. Plaintiff argues that the government is directly liable for his injuries because the work involved peculiar risks and because the government retained substantial control over the details of the asbestos removal project. We affirm. FACTS & PRIOR PROCEEDINGS 3 The plaintiff suffered injuries when he fell through a hole in a catwalk while…