Buckler v. United States, No. 17-2567 (8th Cir. 2019)
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After plaintiff was injured while working at a surface gravel mine, he filed suit under the Federal Tort Claims Act (FTCA), arguing that his injuries were caused at least in part by a federal mine inspector's inadequate inspection of the mine. Under Missouri's Good Samaritan doctrine, a key requirement for liability is an increase in the risk of harm based upon the defendant's actions. The court noted that the Eighth Circuit has not yet addressed claims against mine inspectors under the FTCA. Several sister circuits have addressed such claims, and in each case, the parties have conceded the existence of discretion or the courts have expressly determined that the inspectors' duties involved an element of judgment or choice for purposes of the discretionary function exception to FTCA liability.
The Eighth Circuit affirmed the judgment of the district court finding no waiver of sovereign immunity and dismissing the case for lack of subject matter jurisdiction in all respects other than the allegations of a failure to inspect training records. The court explained that the question of the inspector's failure to fulfill his mandatory and non-discretionary duty to inspect training records was so bound up with the merits of the case as to require further factual development. Therefore, the court reversed as to this claim, remanding for further proceedings.
Court Description: Melloy, Author, with Benton and Grasz, Circuit Judges] Civil case - Federal Tort Claims Act. In suit alleging plaintiff's injuries were caused in part by a federal mine inspector's inadequate inspection of the mine where he worked, Missouri law provides that a negligent inspection can give rise to liability under Missouri's Good Samaritan doctrine; while this court has not dealt with the issue, the circuit courts which have addressed the claim have concluded that MSHA inspectors' duties involve elements of judgment, discretion and choice for purposes of the discretionary-function exception to FTCA liablity; with respect to the duties plaintiff alleges the inspector breached - disseminating safety information, inspecting equipment and observing all mining cycles, and reviewing worker training documentation - the discretionary-function exception applied to all of them with the exception of the inspector's duty to carry out a non-discretionary and mandatory review of training records; the case is remanded on this limited exception.
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