Jerome Wringer, Personal Representative of the Estate Ofraymond Russell Wringer, Deceased; Jerome W. Wringer,individually As a Surviving Parent; Linda L. Howard, As Asurviving Parent, Plaintiffs-appellants, v. United States of America, Defendant-appellee, 10 F.3d 809 (9th Cir. 1993)Annotate this Case
Submitted Oct. 5, 1993. *Decided Nov. 12, 1993
Before: TANG, TROTT and FERNANDEZ, Circuit Judges.
The facts of this case demonstrate without doubt and as a matter of law that Raymond Russell Wringer was a "recreational user" of the Prescott National Forest when he died. See Ariz.Rev.Sat.Ann. Sec. 33-1551(B) (2) (1990); State v. Wise, 671 P.2d 909, 911 n. 3 (Ariz.1983). The controlling recreational use statute bars recovery when the government's alleged "failure to guard or warn against a dangerous condition use, or activity" was not "wilful or malicious." Ariz.Rev.Stat.Ann. Sec. 1551(C). Wilful conduct is " 'intentional, wrongful conduct, done either with knowledge that serious injury to another probably will result or with a wanton and reckless disregard of the possible results.' " Miller v. United States, 945 F.2d 1464, 1467 (9th Cir. 1991). We have examined the record with care and concluded that no reasonable jury could conclude the failure to warn was wilful or malicious. See Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248 (1986). Thus, summary judgment was proper. The district court's assessment was correct.