Torts – FTCA; Wrongful Death; Sovereign Immunity

Where plaintiffs brought survival and wrongful death claims against the U.S. Army Corps of Engineers under the Federal Tort Claims Act after a man was killed when a truck rolled into the river where he was fishing with his grandson, the decision of the Corps to remove guardrails and to not post warnings were discretionary actions susceptible to policy analysis, so the claims were barred by the FTCA’s discretionary function exception, and the U.S. did not waive sovereign immunity. Judgment is affirmed.

14-2001 Metter v. U.S., appealed from the District of Nebraska, Riley, J.