Turner Ex Rel. Estate of Jackson v. United States

MEMORANDUM ORDER

FISH, Chief Judge.

Before the court are the cross-motions for summary judgment of the plaintiff Betsy Carolyn Turner (“Turner”), executrix of the estate of Sally C. Jackson (“decedent”), and the defendant United States of America. For the reasons stated below, Turner’s motion for summary judgment is granted and the United States’ motion is denied.

I. BACKGROUND

There are no disputed issues of material fact. Decedent died on January 7, 1997. Brief in Support of Plaintiffs Motion for Summary Judgment at 1, 3 (“Plaintiffs Motion”); United States’ Memorandum of Law in Support of its…