McMillan
McMillan v. United States
Opinion
Lead Opinion
Nelson, J.
OVERVIEW
Plaintiff Lowell McMillan (“McMillan”) was injured when he was struck by a tree in the Kootenai National Forest in Lincoln County, Montana. McMillan, along with his wife, Michelle McMillan, and his daughter, Stephanie McMillan, (collectively “plaintiffs”), filed an action against the United States (“Government”) under the Federal Tort Claims Act (“FTCA”), 28 U.S.C. §§ 1346 (b) and 2671-80, to recover damages arising out of the injuries sustained. After conducting a bench trial, the district court found the Government liable to McMillan, but only to the extent of 55% of the damages arising out of the injuries. The Government appeals and the plaintiffs cross-appeal. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We affirm.
*1042 FACTS AND PROCEDURAL HISTORY
The essential facts of the case are undisputed. At the time of his injury, McMillan was employed as a sawyer with Anderson Logging Company, Inc. (“Anderson”). The accident occurred in the Kootenai National Forest where Anderson was building a road pursuant to a contract with the United States Forest Service.
This contract required Anderson to cut all of the trees in the right-of-way corridor. At least 20% of the…