Merando v. United States

Merando (plaintiff) lost his wife and daughter instantly when a tree, previously topped and delimbed 10 years earlier by park staff, died, leaned over a highway in a national park, and crushed their car. Merando sued the National Park Service (NPS) (defendant) for negligence under the Federal Tort Claims Act. NPS had an unwritten policy for managing hazardous trees: maintenance crews surveyed roads for dangerous trees while driving, without any set routes or schedules, and would examine and address a tree once spotted. NPS moved to dismiss, arguing the discretionary-function exception to the FTCA applied. The district court agreed and dismissed.