The U.S. Court of Appeals for the Eighth Circuit affirmed the dismissal of a slip-and-fall lawsuit against the government under the discretionary-function exception, holding it applied to a woman’s claims after she took a tumble at a national monument walkway that was under renovation.

After slipping and falling at the Mount Rushmore National Memorial, Autumn Hilger sued the government for negligence, but her claims were dismissed by the U.S. District Court for the District of South Dakota’s Western Division for a lack of subject matter jurisdiction. The lower court had applied the discretionary-function exception to the Federal Tort Claims Act (FTCA) in making its decision.