Rufino v. United States

McGOHEY, District Judge.

In an action brought by plaintiff under the Federal Tort Claims Act 1 as .next of kin of her deceased husband for damages suffered as the result of the latter’s death allegedly; caused by the wrongful acts of the employees of the defendant acting within the scope of their employment, the United States moves to dismiss the complaint under Rule 12(b). (6) of the Federal Rules of Civil Procedure, 28 U.S.C.A., on the ground that the plaintiff has failed to state a claim upon which relief can be granted.

The amended complaint alleges three causes of action:

1. A claim for…