Stockberger v. United States

ORDER ON DEFENDANT’S MOTION TO DISMISS, OR IN THE ALTERNATIVE, MOTION FOR SUMMARY JUDGMENT

McKINNEY, Chief Judge.

This matter is before the Court on defendant’s, United States, Motion to Dismiss, or in the alternative, Motion for Summary Judgment on plaintiffs, Lynne Stockberger (“Stockberger”), claims under the Federal Tort Claims Act (“FTCA”), 28 U.S.C. §§ 1346(b), 2671, et seq. The parties have fully briefed their arguments, and the motion is now ripe for ruling.

I. FACTUAL BACKGROUND

The facts in the light most favorable to Stockberger follow. Maurice Stockberger (“Mr.Stockberger”) was a…