Central Green Co. v. United States, 531 U.S. 425, 5 (2001)

Page:   Index   Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  Next

Cite as: 531 U. S. 425 (2001)

Opinion of the Court

would otherwise be liable under the Federal Tort Claims Act, 28 U. S. C. § 2671 et seq., for personal injury caused by the Federal Government's negligent failure to warn of the dangers from the release of floodwaters from federal flood control projects." United States v. James, 478 U. S. 597, 599 (1986).

The principal issue in the James case was whether the statutory word "damage" encompassed not just property damage, but also personal injuries and death. In light of the legislative history, which it reviewed at some length, id., at 606-609, 610-612, the Court concluded that the best reading of the statutory text was one which was both broader and less literal, and which encompassed the claims at issue in the two cases before the Court.

In both instances, the injuries were caused by the turbulent current generated by unwarned releases of waters from a reservoir after the Army Corps of Engineers had determined that the waters were at "flood stage." The fact that the injuries were caused by "flood waters" was undisputed.3 In its opinion, the Court held that the language of the statute covered the two accidents because the "injuries occurred as a result of the release of waters from reservoirs that had reached flood stage." Id., at 604.

Nevertheless, the Court's opinion in James included a passage that lends support to the Ninth Circuit's holding in this case. In that passage, the Court wrote:

3 The first case arose out of an incident at the Millwood Dam in Arkansas, when "the level of the Reservoir was such that the United States Corps of Engineers designated it at 'flood stage.' As part of the flood control function of the Millwood facility, the Corps of Engineers began to release water through the tainter gates. This release created a swift, strong current toward the underwater discharge." 478 U. S., at 599. The second case arose as a result of a decision by the Corps of Engineers to release waters in the reservoir of Bayou Courtableau Basin which "were at flood stage." Id., at 601. The District Court found that § 702c applied because the " 'gates were opened to prevent flooding and inundation landside of the drainage structure.' " Id., at 602 (emphasis added).

429

Page:   Index   Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  Next

Last modified: October 4, 2007