COPE V. SCOTT
45 F.3d 445 (1995)
NATURE OF THE CASE: This was an appeal from a grant of summary judgment. Cope (P),
driver, sought review of a summary judgment that was entered in favor of United States (D),
which held that the government's allegedly negligent road maintenance and failure to place
adequate warning signs along a roadway were discretionary functions that were immune from
suit under the Federal Tort Claims Act, 28 U.S.C.S. 1346(b), 2671-2680.
FACTS: Beach Drive in Washington, D.C. was maintained by the National Park Service. The
road was originally designed for pleasure driving. However, commuters in D.C. have used the
road for commuting and the Park Service has let it become an important commuter route. The
road carries heavy traffic and the traffic load on the road was 2-3 times what Park Service
road standards recommend. Cope (P) was driving on the road on a rainy spring evening in 1987
when a car going in the opposite direction driven by Scott (D) slid into P's lane and hit
P's car. The accident report showed that the pavement was a worn polished surface that was
slick when wet. P sued D and the Park Service (D1). P alleged that D1 was negligent in
failing to adequately maintain the road and failing to place proper warning signs along the
roadway. An engineering study was discovered that indicated that this stretch of Beach Drive
was one of the nine highest accident areas in the park and that the area in which the
accident occurred was singled out as one of the areas with unacceptable skid resistance
levels. These tests were conducted five months before the accident. A number of measures
were recommended in the report. There was also significant evidence regarding the placement
of road signs. D1 moved for summary judgment in that its action with respect to the road was
discretionary and exempt under the FTCA. The motion was granted. This appeal resulted.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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