Cope v. Scott,

45 F.3d 445 (1995)

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Nature of the Case

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Facts

Beach Drive in Washington, D.C. was maintained by the National Park Service. The road was originally designed for pleasure driving. However, commuters in D.C. have used the road for commuting, and the Park Service has let it become an important commuter route. The road carries heavy traffic, and the traffic load on the road was 2-3 times what Park Service road standards recommend. Cope (P) was driving on the road on a rainy spring evening in 1987 when a car going in the opposite direction driven by Scott (D) slid into P's lane and hit P's car. The accident report showed that the pavement was a worn polished surface that was slick when wet. P sued D and the Park Service (D1). P alleged that D1 was negligent in failing to adequately maintain the road and failing to place proper warning signs along the roadway. An engineering study was discovered that indicated that this stretch of Beach Drive was one of the nine highest accident areas in the park and that the area in which the accident occurred was singled out as one of the areas with unacceptable skid resistance levels. These tests were conducted five months before the accident. A number of measures were recommended in the report. There was also significant evidence regarding the placement of road signs. D1 moved for summary judgment in that its action with respect to the road was discretionary and exempt under the FTCA. The motion was granted. This appeal resulted.