Legal Opinion

McDavid v. United States

District Court, S.D. West Virginia

Decided November 21, 2003No. CIV.A. 3:01-0760PublishedCited by 1 opinion

1Opinion of the Court

ORDER

CHAMBERS, District Judge.

Currently pending before the Court are two interrelated motions by the Govern ment. In its first motion, the Government requests the Court dismiss Plaintiff Naomi McDavid’s Amended Complaint for failure to state a claim upon which relief can be granted and/or for summary judgment. In its second motion, the Government asks the Court to dismiss Mrs. McDavid’s wrongful death and loss of consortium claims for lack of subject matter jurisdiction. Upon review, and for the following reasons, the Court DENIES both motions.

The facts relevant to the Government’s motion…

2Cases cited13 opinions

  1. Susie Myers Perkins, Administratrix of the Estate of John David Perkins, Jr., Deceased v. United StatesCourt of Appeals for the Fourth Circuit · 1995
  2. Ahmed v. United StatesCourt of Appeals for the Fourth Circuit · 1994
  3. Belcher v. GoinsWest Virginia Supreme Court · 1990
  4. Juan Parrilla Lopez v. United StatesCourt of Appeals for the First Circuit · 1985
  5. Richardson v. KennedyWest Virginia Supreme Court · 1996

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3Cited by1 opinion

  1. Estate of Gavin v. Tewksbury State HospitalMassachusetts Appeals Court · 2013

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