Hargrove v. United States

DECISION ON DEFENDANT’S MOTION TO DISMISS

PHILIP R. MILLER, Judge:

Plaintiff, the administratrix of the estate of Aaron A. Hargrove, brought this suit against the government on April 26, 1982, for $2,000,000. The petition alleges that on May 20, 1980, the decedent was a private first-class in the Army National Guard on active duty operating a front-end loader when the loader picked up excess speed on a downgrade, went out of control and turned over, crushing the decedent. The petition alleges a breach of an express and implied warranty by the government to Private Hargrove that the vehicle,…