Otis Elwood Pratt, Administrator of the Estate of Mary Alice Pratt v. Michael G. Kelly and John Doe

WIDENER, Circuit Judge:

This case is an appeal from an order of the United States District Court for the Western District of Virginia dismissing plaintiff’s complaint under Rule 12(b)(1) of the Federal Rules of Civil Procedure for lack of subject matter jurisdiction.

Mary Alice Pratt was a passenger in a vehicle driven by defendant, Michael G. Kelly, on the Blue Ridge Parkway in Floyd County, Virginia, which was there involved in a collision, so the complaint says, caused in whole or in part by the defendant John Doe, driver of another car, whose identity is unknown. Miss Pratt died the next…