Giovanna Carboniero Cestonaro, Individually and as Personal Representative of the Estate of Danielle Cestonaro v. United States

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that because the National Park Service failed to show how providing some lighting, but not more, is grounded in policy objectives it was not protected by the discretionary function exception
• holding asserted negligence in failure to pro- vide adequate lighting or warning in federally controlled parking lot not shielded by discretionary function exception
• explaining that the discretionary function exception should not be a “toothless standard that the government can satisfy merely by associating a decision with a regulatory concern”
• “[M]ost courts have concluded that the burden of proving the applicability of the discretionary-function exception falls upon the United States.”
• “The United States has the burden of proving the applicability of the discretionary function exception.”
• “The touchstone of the second step of the discretionary function test is susceptibility to policy analysis.”

Source: CourtListener parenthetical corpus (CC0).