Gonzalez v. United States

MEMORANDUM AND ORDER

LEVAL, District Judge.

This is a personal injury action brought pursuant to the Federal Tort Claims Act (FTCA), 28 U.S.C. §§ 2671, et seq. The Government moves to dismiss for lack of subject matter jurisdiction. The Government contends that the acts complained of are “discretionary functions” for which liability does not lie under the FTCA. Plaintiffs respond that defendant’s negligent acts were operational choices rather than policy decisions and fall within the Act’s general waiver of sovereign immunity. Because the court finds that plaintiffs’ allegations describe a…