Gualtier v. United States

MEMORANDUM AND ORDER

VAN BEBBER, District Judge.

This action was brought under the Federal Tort Claims Act (FTCA) by the widow and children of John J. Gualtier, who died on August 4, 1988. Their claim arises from the medical treatment given to Mr. Gualtier by the Veterans Administration (VA) Hospital at Leavenworth, Kansas, during April and May, 1988. Plaintiffs allege that Mr. Gualtier’s death was caused in part by the negligence of VA personnel.

This case is before the court on defendant’s motion to dismiss for lack of subject matter jurisdiction (Doc. 4) pursuant to Fed. R.Civ.P. 12(b)(1).…