Russo v. United States

OPINION AND ORDER

REBECCA BEACH SMITH, District Judge.

This matter comes before the court on defendant’s motion to dismiss for failure to state a claim upon which relief can be granted pursuant to Federal Rule of Civil Procedure 12(b)(6). The government argues that the claim should be dismissed because, as a matter of law, the conduct at issue was not a proximate cause of injury in this case. For the reasons detailed below, the motion to dismiss is DENIED.

J. Factual History

On March 25, 1997, Bruce V. Quagliato, the decedent in this case, mistakenly drove onto the Naval Amphibious Base at Little…