noting Bureau of Land Management’s disregard of 9 “erosion control recommendations and its duty to maintain [the Clear Creek Road]”
How later courts described this case
- noting Bureau of Land Management’s disregard of 9 “erosion control recommendations and its duty to maintain [the Clear Creek Road]”
Written by the judges who cited it.
The opinion
RYMER, Circuit Judge,
concurring:
I concur in the judgment because the magistrate judge failed to take account of the opinion of Niva’s expert, which was otherwise credited, that the peril was hidden. This settles the issue for immunity purposes, but not for purposes of trial on the merits. A trier of fact could well conclude in light of all the evidence that the expert’s opinion is illogical given that the ditch had existed for quite some time yet no other incidents had occurred.