Tippett v. United States

108 F.3d 1194 (10th Cir. 1997)

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Nature of the Case

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Facts

Frank and Judy (Ps) were members of a guided snowmobile tour exploring in Yellowstone National Park. As the group began up the road toward Old Faithful, they encountered a moose standing in the road. When a group of snowmobilers ahead attempted to pass the moose, the moose charged one of the snowmobiles and knocked two passengers to the ground. The moose then proceeded south past Ps' vehicles, and Ps' group proceeded into the interior of the park. Phillips, a Yellowstone park ranger, learned of the moose's presence and monitored its activities during the day. He observed several groups of snowmobilers going southbound who successfully passed the moose on their way out of the park. Ranger Phillips directed Ps' group to pass the moose on the right, staying in line with other snowmobilers. The animal charged Ps' vehicle and kicked in his windscreen, striking him in the helmet and knocking him off the snowmobile. Mr. P suffered a broken neck from which he has since recovered; the moose broke one of its legs as a result of the encounter and had to be destroyed. Ps sued the United States (D) negligence and loss of consortium under the FTCA. The district court dismissed the claims finding them barred by the discretionary function exception to the Act. Ps appealed.