Naola Van Orden v. United States of America

85 F.3d 639 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Naola VAN ORDEN, Plaintiff-Appellant, v. UNITED STATES of America, et al., Defendant-Appellee. No. 94-16199. United States Court of Appeals, Ninth Circuit. Argued and Submitted Dec. 6, 1995. Decided May 15, 1996. 1 Before: BROWNING, CANBY, and HALL, Circuit Judges 2 MEMORANDUM * 3 The Bureau of Land Management, through forester Charles Bollinger, contracted with Rick Churches to remove dead and dying trees from a tract of federal land adjacent to Naola Van Orden's property. A tree felled by Churches struck Van Orden while she was working in her back yard, causing her personal injury and property damage. Van Orden sued the Bureau under the Federal Tort Claims Act (FTCA). The district court held the discretionary function exception to the Act barred suit and granted summary judgment for the Bureau, implicitly determining the court lacked subject matter jurisdiction over the claim. Van Orden appeals. 1 4 The…