10th Circuit Affirms Immunity for Air Force on Family's Injury Claims

DENVER - The 10th Circuit has affirmed summary judgment for the United States on claims by an airman and his family that exposure to mold in U.S. Air Force housing caused the death of his elderly father and injured his children. Garcia, et al. v. United States Air Force, et al., No. 07-2106 (10th Cir.).

The federal appeals court held in a published opinion on July 15 that the alleged negligence by Air Force officials in failing to inspect the family's roof fell within the discretionary function exception to the Federal Tort Claims Act and precluded suit.

Inez Maria Garcia …