Legal Opinion

Lower v. Cook

District Court, M.D. Georgia

Decided August 10, 1988No. 6:88-cr-00003Published

1Opinion of the Court

ORDER

OWENS, Chief Judge.

Pending before the court is a motion to dismiss filed by defendants Daniel Cook, O.W. Bentley, Emory Duckworth, and Garth Hinckley. At issue in this case is whether plaintiff Helen C. Lower can sue a fellow employee for certain acts of alleged negligence that occurred while working as an employee of the United States government. The government has alleged a number of reasons why Ms. Lower may not maintain this cause of action, and after reviewing these defenses, the court makes the following rulings.

Discussion

Rule 12(b)(6) of the Federal Rules of Civil Procedure…

2Cases cited8 opinions

  1. Conley v. GibsonSupreme Court of the United States · 1957
  2. Lillian Willene Miller and Bobby Joe Miller v. Fred Stanmore and Fred A. Frey, Warden, FciCourt of Appeals for the Fifth Circuit · 1981
  3. Marcus F. Gill v. United StatesCourt of Appeals for the Fifth Circuit · 1981
  4. Maggie Bell Heathcoat, as Administratrix for the Estate of Leonard James Heathcoat, Deceased v. Karl PottsCourt of Appeals for the Eleventh Circuit · 1986
  5. Williams v. ByrdSupreme Court of Georgia · 1978

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