Loper v. United States

MEMORANDUM AND ORDER

MILLER, District Judge.

This cause comes before the court on the motion of defendant United States of America, pursuant to Federal Rule of Civil Procedure 12(b)(1), to dismiss plaintiff Judith Lop-er’s loss of consortium claim for failure to file the appropriate administrative claim as required by the Federal Tort Claims Act (FTCA). For the reasons that follow, the court finds that the defendant’s motion to dismiss must be denied.

On July 2,1990, vehicles driven by plaintiff Kenneth Loper and John Lyness collided. At the time of the collision, John Lyness was acting within…