Lumsden Ex Rel. Estate of Lumsden v. United States

ORDER

JAMES C. FOX, Senior District Judge.

This matter is before the court on the Government’s Motion to Dismiss [DE-11], The plaintiffs have filed a Response [DE-17], to which the Government filed a Reply [DE-21], The motion is ripe for disposition.

I. FACTUAL AND PROCEDURAL BACKGROUND

The plaintiffs filed this personal injury and wrongful death action against the United States of America on April 25, 2006, pursuant to the Federal Tort Claims Act (“FTCA”), 28 U.S.C. §§ 1346, 2671-2680, et seq. In the light most favorable to the plaintiffs, the factual basis for their Complaint is as follows.

Prior…