Thursday, November 14, 2013

United States v. James case brief

United States v. James case brief summary
478 U.S. 597 (1986)

CASE SYNOPSIS: The government sought review of a judgment from the United States Court of Appeals for the Fifth Circuit, which found that the government was liable for personal injury caused to appellee individuals by the government's negligent failure to warn of the dangers from the release of the floodwaters from federal flood control projects despite the immunity provision of the Flood Control Act, 33 U.S.C.S. § 701 et seq.

CASE FACTS: Two cases that involved serious and fatal accidents in which the recreational users of reservoirs were swept through retaining structures, when those structures were opened to release waters in order to control flooding, were consolidated before the lower court. 

  • On review, the Court concluded that the language of 33 U.S.C.S. § 702c made it clear that no liability of any kind would attach to the government for any damage from flood waters at any place. 
  • The Court found that the legislative history of § 702c supported attributing to the unambiguous words of the statute their ordinary meaning and further found that the manner in which to convey warnings, including the negligent failure to do so, was part of the "management" of a flood control project. 
  • The Court found no merit in the argument that § 702c applied only to property damage and held that the plain language of § 702c granted immunity to the government in personal injury cases arising out of its failure to warn of the dangers from the release of floodwaters from federal flood control projects.
CONCLUSION: The Court reversed the finding of the lower court.

No comments:

Post a Comment

The Evolution of Legal Marketing: From Billboards to Digital Leads Over the last couple of decades, the face of legal marketing has changed a l...