The drowning death of a civil service employee on a U.S. Army facility has raised an issue on whether it’s possible to preserve a storm-related liability claim against the United States.
The U.S. Court of Appeals for the Fifth Circuit sent, and the Texas Supreme Court accepted, a certified question on negligent undertaking, emphasizing the state’s caselaw does not answer if a negligent undertaking theory to recover damages is possible when such claims are barred by the natural accumulation doctrine.
