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· 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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.