Mangini v. United States

314 F.3d 1158 Elaine R. MANGINI, Plaintiff-Appellee, v. UNITED STATES of America, Department of the Interior, National Park Service, Defendant, and Dick Gottsegen, dba Timberline Adventures, aka Timberline Bicycle Tours, Defendant-Appellant. No. 01-35273. United States Court of Appeals, Ninth Circuit. Argued and Submitted November 4, 2002. Filed January 9, 2003. Sue Ann Love, Jardine, Stephenson, Blewett & Weaver, P.C., Great Falls, Montana, for the defendant-appellant. Francis X. Clinch, Jardine, Stephenson, Blewett & Weaver, P.C., Great Falls, Montana, for the defendant-appellant. Joseph P. Cosgrove, Hoyt & Blewett, Great Falls, Montana, for the plaintiff-appellee. Appeal from the United States District Court for the District of Montana; Donald W. Molloy, Chief District Judge, Presiding. D.C. No. CV-99-00061-DWM. Before TROTT, T.G. NELSON and THOMAS, Circuit Judges. OPINION TROTT, Circuit Judge: 1 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…