Joseph G. Chester v. United States

94 F.3d 650 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Joseph G. CHESTER, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee. No. 95-55821. United States Court of Appeals, Ninth Circuit. Argued and Submitted Aug. 7, 1996. Decided Aug. 15, 1996. Before: D.W. NELSON, T.G. NELSON, and THOMAS, Circuit Judges. 1 MEMORANDUM * 2 Appellant Joseph G. Chester was injured while viewing a static display of a military tank at the 1991 Air Show at Miramar Naval Air Station. Alleging negligence, Chester brought an action against the government under 28 U.S.C. § 2671 (Federal Tort Claims Act). Holding that the government was immune from liability for personal injury under California's Recreational Use Immunity statute, Cal.Civ.Code § 846, the district court granted summary judgment in favor of the government. On appeal, Chester contends that the district court erred in granting the government immunity because the consideration and express invitee…