172567P.pdf   03/22/2019  Ronald Buckler  v.  United States
   U.S. Court of Appeals Case No:  17-2567
   U.S. District Court for the Western District of Missouri - St. Joseph   
   [PUBLISHED] [Melloy, Author, with Benton and Grasz, Circuit Judges] 
   Civil case - Federal Tort Claims Act. In suit alleging plaintiff's 
   injuries were caused in part by a federal mine inspector's inadequate 
   inspection of the mine where he worked, Missouri law provides that a 
   negligent inspection can give rise to liability under Missouri's Good 
   Samaritan doctrine; while this court has not dealt with the issue, the 
   circuit courts which have addressed the claim have concluded that MSHA 
   inspectors' duties involve elements of judgment, discretion and choice for 
   purposes of the discretionary-function exception to FTCA liablity; with 
   respect to the duties plaintiff alleges the inspector breached - 
   disseminating safety information, inspecting equipment and observing all 
   mining cycles, and reviewing worker training documentation - the 
   discretionary-function exception applied to all of them with the exception 
   of the inspector's duty to carry out a non-discretionary and mandatory 
   review of training records; the case is remanded on this limited 
   exception.