· 5/7/1992
James R. Termini v. United States
Citations
- 963 F.2d 1264
- 92 Cal. Daily Op. Serv. 3950
- 92 Daily Journal DAR 6180
- 1992 U.S. App. LEXIS 9554
- 1992 WL 91332
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- evaluating likelihood of injury not just for reasonable drivers but also for drivers with reduced concentration or dealing with poor weather or equipment problems
- stating that “[a] cliff at the end of a dirt road that is not visible from the beginning of the road would certainly seem to qualify for a warning sign under . . . guidelines” directing the government to warn of hazardous conditions
- “a reasonable person standing in the shoes of the United States would have recognized the probability of an accident eventually occurring on the spur”
- \That only two vehicles per day typically use the spur [road] seems to us much less important than the fact that it abruptly terminates at a cliff.\
- United States Forest Service’s failure to post a warning sign where its own manual indicated that it should do so was evidence that it had constructive knowledge of the significant risk created by its actions
Source: CourtListener parenthetical corpus (CC0).
Judges: Fletcher, Nelson, Brunetti
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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