Soldano v. United States

453 F.3d 1140 John A. SOLDANO, an individual; Denise Soldano, an individual, Plaintiffs-Appellants, v. UNITED STATES of America; United States Department of the Interior; National Park Service; Superintendant Yosemite National Park, Defendants-Appellees. No. 03-17391. United States Court of Appeals, Ninth Circuit. Argued and Submitted April 4, 2006. Filed July 12, 2006. Raymond E. Brown, Law Offices of Federico C. Sayre, Santa Ana, CA, for the plaintiffs-appellants. Kristi C. Kapetan, Assistant United States Attorney, Fresno, CA, for the defendants-appellees. Appeal from the United States District Court for the Eastern District of California, Lawrence J. O'Neill, Magistrate Judge, Presiding. D.C. No. CV-01-05462-LJO. Before: GOODWIN, B.FLETCHER and FISHER, Circuit Judges. FISHER, Circuit Judge: 1 John Soldano and his wife, Denise, sued the United States under the Federal Tort Claims Act, 28 U.S.C. § 1346 (b) ("FTCA"), for damages arising out of a serious motorcycle accident that occurred on a major road in Yosemite National Park. The district court granted summary judgment against the Soldanos, finding that their claims of governmental negligence failed for lack of evidence…