Ball v. United States, No. 19-1161 (10th Cir. 2020)Annotate this Case
Shortly before 3:00 a.m. on June 12, 2016, Sarah Ball was killed when the car in which she was a passenger drove off United States Forest Service Road 456.1A and over an earthen mound before falling into an abandoned mine shaft about 20 feet off the road. Plaintiffs, her parents and her estate filed suit against the United States under the Federal Tort Claims Act (FTCA), raising several causes of action alleging negligence by the United States Forest Service. The district court granted the government’s motion to dismiss for lack of subject-matter jurisdiction, ruling that the government was immune from liability under the discretionary-function exception to the FTCA. Plaintiffs appealed. Finding no reversible error, the Tenth Circuit affirmed the district court.