Montez Ex Rel. Montez v. Department of Navy

MEMORANDUM OPINION AND ORDER

KAPLAN, United States Magistrate Judge.

Defendant United States of America has filed a motion to dismiss this personal injury and wrongful death action brought under the Federal Tort Claims Act for lack of subject matter jurisdiction. For the reasons stated herein, the motion is granted.

I

This case arises out of a single car accident that killed two teenagers and seriously injured three other passengers. The driver of the car, Emilio Partida, was on active duty in the United States Navy serving a temporary assignment at the Naval Recruiting Station in San Angelo,…