Taylor
Taylor v. United States
Opinion
Lead Opinion
MEMORANDUM **
Richard Taylor appeals the district court’s grant of summary judgment on his Federal Tort Claims Act (“FTCA”) action against the United States. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we reverse the district court’s grant of summary judgment, a decision which we review de novo. McDonald v. Sun Oil Co., 548 F.3d 774, 778 (9th Cir.2008).
In conducting a summary judgment analysis, we must draw all justifiable inferences in favor of the non-moving party. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 255, 106 S.Ct. 2505 , 91 L.Ed.2d 202 (1986). Here, the plaintiff has tendered evidence that he volunteered to do tree-trimming on government-owned land; that the government accepted his offer and provided him with some benefits in exchange; that he requested the government provide a mechanical lift, or “cherry picker,” for safety reasons and it refused; that he offered to rent a “cherry picker” if the government would reimburse him and it refused; and that the government summoned him to do the work, with requests increasing in number and scale over time. As to the incident in question, several government agents called him to remove a particular tree and…