Mangini

Mangini v. United States

Good Law
314 F.3d 1158·2003 WL 61261
United States Court of Appeals for the Ninth CircuitJanuary 9, 2003No. 01-35273California1,355 words

Opinion

Lead Opinion

Trott, J.

Dick Gottsegen, doing business as Timberline Adventures, also known as Timberline Bicycle Tours (collectively “Timberline”), appeals the district court’s judgment, following a bench trial, finding the United States and Timberline liable for negligently failing to warn Elaine Mangini (“Mangini”) of the gravel patch on which her bicycle accident occurred. 1 We have jurisdiction pursuant to 28 U.S.C. § 1291 .

Timberline argues that the district court abused its discretion by denying Timberline’s motion to disqualify Judge Molloy. Because we conclude that facts unknown to Judge Molloy required his disqualification prior to the trial, we vacate the judgment and remand for a new trial before a different district court judge.

BACKGROUND

A.

On July 15,1998, while on a tour operated by Timberline, Mangini had a bicycle accident in Glacier National Park, Montana. After riding into a gravel patch on Highway 17 (also known as Chief Mountain Highway), Mangini pitehedover the *1160 top of her handle bars and suffered serious physical injuries. Mangini brought a tort action in negligence against the United States and Timberline. Following a four-day bench trial on December 11, 13,…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.