Carol Bolt v. United States
Cite as No. 06-35993
Tort

Appeal of Slip and Fall Accident Victim in Alaska Concurred by Circuit Judge

On April 1999, Carol Bolt who was living in an apartment complex located at the Fort Wainwright military base, slipped on some snow and ice near a dumpster in the public parking area.

The accident caused Bolt to suffer from a broken ankle. She was also pregnant during the time of the slip and fall accident. Because of this condition, Bolt underwent the surgery necessary for her ankle without the general anesthesia. However, in spite of the surgery, Bolt's ankle failed to heal completely. It has even become a permanent disability.

Consequently, Bolt filed a civil lawsuit in the United States District Court for the District of Alaska, against the United States. The charge was for negligence under 28U.S.C. § 1346 Federal Tort Claims Act or FTCA and is seeking monetary damages.

The district court concluded the following:

• The discretionary function exception to the FTCA's grant of jurisdiction does not apply since the policies of the Army has particular and mandatory rules regarding the removal of snow and ice from the parking areas.


• Granted the government's motion for summary judgment according to the Alaska Supreme Court's 1964 case, Hale v. City of Anchorage indicating that the Army can be recognized as a municipality and accordingly, municipalities cannot be held liable for injured persons caused by natural snow and ice accumulations.

Bolt brought up an appeal of this decision on August 10, 2007 with the United States Court of Appeals for the Ninth Circuit. She also filed a motion for reassignment of her case to another district court judge.

The Circuit Judge Wallace concurred on the arguments relevant to the case filed on December 3, 2007.

The concurrence was that the decision of the district court is being "affirmed in part, reversed in part; remanded for further proceedings"

• Affirmation on the district court's jurisdictional ruling declaring that the FTCA's discretionary function exception does not apply
• Reversing of the grant to government's motion for summary judgment based on the 1964 Hale v. City of Anchorage case since the essential question in Bolt's case is if a private proprietor or landlord and not a municipality would be held legally responsible for negligence on similar conditions.
• On remand - Denial of claimant's request that her case be reassigned for decision of another district court judge.