Myers, et al. v. United States

Plaintiff sought damages from the United States for injuries to a child allegedly caused by exposure to the toxic heavy metal thallium from soil dumped into a landfill adjacent to the child' residence and school. The child, by her guardian ad litem, appealed a decision of the district court finding that the United States acted "reasonably" and did not breach any duty in conducting the soil remediation projects. The district court also found that it did not have subject matter jurisdiction because the "discretionary function" exception to tort liability of the United States applied in this case. The court held that because the district court erred in holding that the "discretionary function" exception barred the Navy's liability on and the court's subject matter jurisdiction over plaintiff's claim, and clearly erred in finding that the Navy acted "reasonably" and not in breach of its duty in conducting the remediation of contaminated soil in the project at issue here, the court reversed and remanded for further proceedings. The court, nevertheless, held that it was unnecessary to reassign the case to a different judge on remand.