Does the discretionary function exception protect a government employee in a motor vehicle accident?

MultiRegion, United States of America

The following excerpt is from O'Toole v. U.S., 295 F.3d 1029 (9th Cir. 2002):

At one extreme of the policy prong of the analysis, where the discretionary function exception provides no defense to liability, are those agency decisions totally divorced from the sphere of policy analysis. For example, a government official who drives negligently, causing an accident, cannot be said to have exercised his judgment in a way related to public policy. "Although driving requires the constant exercise of discretion, the official's decisions in exercising that discretion can hardly be said to be grounded in regulatory policy." Gaubert, 499 U.S. at 325 n. 7; see also Dalehite v. United States, 346 U.S. 15, 34, 73 S.Ct. 956, 97 L.Ed. 1427 (1953). The "discretion" exercised by the negligent government driver is just not the kind of decisionmaking the discretionary function exception protects.

Other Questions


What is the impact of a motor vehicle accident on motor vehicle use in motor vehicle accidents? (MultiRegion, United States of America)
What is the government's burden of proving its discretionary function under the discretionary function exception? (MultiRegion, United States of America)
Can a motion to stop a motor vehicle accident be made before the trial of the motor vehicle owners? (Canada (Federal), Canada)
How have courts interpreted motor vehicle legislation in the context of the motor vehicle accident law? (MultiRegion, United States of America)
Can a jury find a defendant's failure to control his vehicle was a concurrent cause of accident in a motor vehicle accident? (MultiRegion, United States of America)
When a plaintiff is injured in a motor vehicle accident, can the motor vehicle exclusion clause prevent recovery? (MultiRegion, United States of America)
What is the effect of a motor vehicle accident in which a motorcyclist was injured in a collision with another motor vehicle? (MultiRegion, United States of America)
Does a plaintiff have to prove that they were injured in a motor vehicle accident to recover damages under section 1125(a) of the Ontario Motor Vehicle Act? (MultiRegion, United States of America)
What is the evidence supporting the claim that a police officer in a motor vehicle accident was killed by a passing motor vehicle? (MultiRegion, United States of America)
Does the Federal Circuit of Justice have any authority or authority to prohibit a person from entering into a motor vehicle under the Motor Vehicle Accident Prevention Act? (federal, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.