First Nat. Bank of Effingham v. United States

MEMORANDUM AND ORDER

FOREMAN, Chief Judge:

Before the Court is defendant’s Motion to Dismiss and/or in the Alternative for Summary Judgment. In the Court’s opinion, plaintiffs’ complaint fails to state a claim upon which relief can be granted.

Plaintiffs bring this action under the Federal Torts Claims Act, 28 U.S.C. §§ 1346(b), 2671 et seq. In two separate counts, plaintiffs allege the following: James S. Parker and his wife Patricia S. Parker were killed while traveling southbound in an automobile on Illinois Highway 57. Their car left the roadway, with the left wheels striking a guardrail and…