Miller v. United States

MEMORANDUM

YVETTE KANE, Chief Judge.

Before the Court is Defendant United States of America’s motion to dismiss Plaintiff Marjory J. Miller’s complaint pursuant to Federal Rule of Civil Procedure 12(b)(1) or 12(b)(6). (Doc. No. 15.) Defendant argues that Plaintiffs complaint, which seeks recovery under the Federal Tort Claims Act (“FTCA”) for injuries sustained at Gettysburg National Military Park, should be dismissed for lack of subject matter jurisdiction due to the FTCA’s discretionary function exception or for failure to state a claim due to Pennsylvania’s Recreational Use of Land and Water…