Fleming v. United States

OPINION AND ORDER

JONES, District Judge.

The plaintiffs in these actions under the Federal Tort Claims Act contend that a federal agency failed to adequately inspect an underground coal mine and enforce federal mine safety laws, leading to a disastrous mine explosion. The government has moved to dismiss on the grounds that the acts complained of were matters of governmental discretion over which the court has no jurisdiction and because the plaintiffs’ suit papers do not adequately set forth a cause of action under Virginia law. After considering the arguments of the parties, however, I find…