Blackburn

I

Ryan Anthony Blackburn filed an action for damages against the United States under the Federal Tort Claims Act, 28 U.S.C. §§ 2671 , el seq. (“FTCA”). Blackburn claimed that the Government was negligent in failing to warn of the danger of diving off the Stoneman Bridge in Yosemite National Park. The Government moved for summary judgment, claiming that the district court lacked subject matter jurisdiction over the action under the discretionary function exception to the FTCA, 28 U.S.C. § 2680 (a). The district court granted summary judgment in favor of the Government and dismissed the action. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

II

On July 21, 1991, Blackburn dove off the Stoneman Bridge in Yosemite National Park. As a result of the dive, Blackburn suffered severe injuries which rendered him a permanent quadriplegic.

The Stoneman Bridge is located in the Yosemite Valley in Yosemite Park. Yosemite Park is owned by the United States and operated by the National Park Service (“NPS”). During weekends in the summer months, visitation to Yosemite routinely exceeds approximately 40,000 persons. During the course of the day, the vast majority of these…