American Nat. Bank & Trust Co. of Waukegan v. United States

MEMORANDUM OPINION AND ORDER

ASPEN, District Judge:

Plaintiff American National Bank and Trust Company of Waukegan (“American”), acting as special administrator for decedent Daniel Janda, filed this wrongful death and survivor’s suit against the United States for alleged negligent, wanton and willful conduct in failing to warn of an underwater hazard in navigable waters. The government has filed a motion to dismiss for lack of subject matter jurisdiction under Fed.R.Civ.P. 12(b)(1) and a motion to dismiss for failure to state a claim under Fed.R.Civ.P. 12(b)(6). Because this Court finds that…