Estate of Carr Ex Rel. Carr v. United States

ORDER

KATHLEEN CARDONE, District Judge.

On this date, the Court considered “Defendant’s Motion to Dismiss, or, in the Alternative, Motion for Summary Judgment” (“Defendant’s Motion”). For the reasons set forth herein, Defendant’s Motion is GRANTED.

I. BACKGROUND

The instant case involves a claim by the Estate of Miller Carr, represented by Daisy Carr, and Daisy Carr, individually, (“Plaintiff’) against the United States of America (“Defendant”) for medical negligence.

On September 24, 2003, Miller Carr retained the services of Walter L. Boyaki (“Boyaki”) for injuries and damages resulting from…