A. Michael Davallou v. United States

Whether the Government’s failure to warn of a specific, known, immediate hazard, for which the acting agency is responsible, is not the kind of broader social, economic, or political policy decision that the discretionary function exception of the Federal Tort Claims Act, 28 U.S.C. §§1346, 2680(a), is intended to protect, consistent with holdings of the Ninth Circuit; or, as held by the First Circuit, the failure to warn of a specific, known, immediate hazard is susceptible to policy analysis and shielded by the discretionary function exception, unless such conduct amounts to a complete rejection of safety considerations involving extreme circumstances.