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95 Cal. Daily Op. Serv. 5841, 95 Daily Journal D.A.R. 10,005, 95 Daily Journal D.A.R. 9979 Garry Will, D/B/A Will Logging and Construction v. United States

Citation: 60 F.3d 656Docket: 93-36157

Court: Court of Appeals for the Ninth Circuit; July 26, 1995; Federal Appellate Court

Narrative Opinion Summary

In this case, a logging contractor filed a claim under the Federal Tort Claims Act (FTCA) against the United States, alleging negligence after his road grader was moved and subsequently damaged in a national forest. The grader had been relocated by an independent contractor, engaged by the Forest Service, without notifying the logging contractor. The court dismissed the claim against the government for the contractor's actions, recognizing the contractor's independent status, which precluded government liability under the FTCA. The court also granted summary judgment in favor of the government concerning its own alleged negligence, asserting it owed no duty to the contractor as a landowner. On appeal, the appellate court affirmed the dismissal regarding the independent contractor but reversed the summary judgment on the negligence claim, citing errors in assessing the government's duty to exercise reasonable care. The case was remanded for further proceedings to explore disputed facts about the government's actions and responsibilities under state tort law, particularly concerning the protection of the contractor's property during its activities on the land.

Legal Issues Addressed

Independent Contractor Status under Federal Tort Claims Act (FTCA)

Application: The court determined Dragnich was an independent contractor, not an employee of the government, thus limiting the government's liability under the FTCA.

Reasoning: The court dismissed the claim against the government for Dragnich's negligence, determining that Dragnich was an independent contractor, not an employee of the government, which limited the government's liability under the FTCA.

Jurisdictional Issues under Federal Tort Claims Act (FTCA)

Application: The appellate court affirmed the dismissal of the claim against the government for Dragnich's actions, emphasizing that independent contractors are not covered under the FTCA.

Reasoning: The appellate court reviewed the jurisdictional issues de novo and affirmed the dismissal of the claim against the government for Dragnich's actions, reiterating that independent contractors are not covered under the FTCA.

Negligence under Federal Tort Claims Act (FTCA)

Application: The court found that the government, as a landowner, owed a duty to exercise reasonable care during activities on its property, such as harvesting trees.

Reasoning: A landowner owes a duty to a licensee to address known hazardous conditions and to exercise reasonable care during activities on their property. The government, as a landowner, owes a duty to exercise reasonable care when conducting activities like harvesting trees.

Review of Summary Judgment

Application: The appellate court reviewed the summary judgment de novo, ultimately reversing the decision regarding the government's negligence due to the existence of disputed facts.

Reasoning: Summary judgment is reviewed de novo. The court erred in ruling that the government had no duty to Will, leading to a misapplication of summary judgment regarding negligence.