Valdez v. United States

ORDER RE DEFENDANT’S MOTION FOR DISMISSAL OR SUMMARY JUDGMENT

COYLE, Chief Judge.

On September 14, 1993, this Court heard defendant’s Motion for Dismissal or Summary Judgment. Upon due consideration of the written and oral arguments of the parties and the record herein, the Motion for Dismissal is granted and the Motion for Summary Judgment is denied for the reasons set forth herein.

I. BACKGROUND

Plaintiff Felix Valdez (“Valdez”) sues defendant United States under the Federal Tort Claims Act, 28 U.S.C. §§ 1346(b) and 2671, et seq., to recover damages for injuries he sustained while hiking in…