Don H. Major, Administrator of the Estate of Debra Lynn Spradlin, Deceased, and Charles L. Mauk v. United States

Plaintiffs, Don Major, as administrator of the estate of Debra Spradlin, and Charles Mauk, appeal from the district court’s order dismissing their consolidated complaints for lack of subject-matter jurisdiction under Fed.R.Civ.P. 12(b)(1). Both Spradlin and Mauk were enlisted members of the United States Army and had brought suit under the Federal Tort Claims Act (FTCA), 28 U.S.C. §§ 1346(b) and 2671, et seq., for the death of Spradlin and injuries suffered by Mauk when they were involved in an accident on their military base in Fort Campbell, Kentucky. The trial court’s dismissal was…