Legal Opinion

Higley Ex Rel. Estate of Luijendijk v. United States

District Court, E.D. North Carolina

Decided August 18, 2004No. 4:03-cv-00063Published

1Opinion of the Court

ORDER

MALCOLM J. HOWARD, District Judge.

This matter is currently before the court on defendant’s renewed motions to dismiss or in the alternative for summary judgment, filed March 18, 2004, and July 16, 2004. The plaintiff has not responded to the second motion and the time for responding has expired. Therefore, this matter is ripe for adjudication.

STATEMENT OF THE CASE

Plaintiffs filed this complaint on May 8, 2003, against the United States under the Federal Tort Claims Act (“FTCA”), 28 U.S.C. § 2671. The complaint alleges that a United States Marine negligently operated a motor vehicle,…

2Cases cited10 opinions

  1. Feres v. United StatesSupreme Court of the United States · 1950
  2. Richmond, Fredericksburg & Potomac Railroad Company v. United StatesCourt of Appeals for the Fourth Circuit · 1991
  3. David Wayne Evans v. B.F. Perkins CompanyCourt of Appeals for the Fourth Circuit · 1999
  4. United States v. JohnsonSupreme Court of the United States · 1987
  5. Jon Edward Hass, for the Sole Use and Benefit of the United States of America, and Jon Edward Hass, Individually v. United States of AmericaCourt of Appeals for the Fourth Circuit · 1975

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