Legal Opinion

Carroll v. United States

District Court, W.D. Oklahoma

Decided January 3, 2017No. Case No. CIV-15-674-DPublishedCited by 2 opinions

1Opinion of the Court

ORDER

TIMOTHY D. DeGIUSTI, UNITED STATES DISTRICT JUDGE

This matter comes before the Court on the government’s Motion to Dismiss [Doc. No. 32], to which Plaintiff has filed her response in opposition [Doc. No. 36], and the government has replied [Doc. No. 39]. The matter is fully briefed and at issue.

BACKGROUND

While traveling westbound on U.S. Highway 1-44 in icy conditions, Mr. Rodney Carroll and his wife, the plaintiff, witnessed the vehicle ahead of them (driven by Laronna Gibbons) spin out of control and come to a stop, partially blocking the highway. Mr. Carroll pulled over on the shoulder…

2Cases cited27 opinions

  1. United States v. OrleansSupreme Court of the United States · 1976
  2. David Holt, as Personal Representative of the Estates of James W. Holt and Joan Holt, Deceased v. United StatesCourt of Appeals for the Tenth Circuit · 1995
  3. Keene Corporation v. United StatesCourt of Appeals for the Second Circuit · 1983
  4. Hill v. KempCourt of Appeals for the Tenth Circuit · 2007
  5. Kenneth Michael Trentadue, the Estate of by and Through Its Personal Representative Carmen Aguilar, Plaintiff-Appellee/cross-Appellant, and Carmen Aguilar Trentadue, Individually and as Personal Representative for the Estate of Kenneth Michael Trentadue and Guardian Ad Litem for Vito Miguel Trentadue Wilma Lou Trentadue Jesse James Trentadue Donna Trentadue Sweeney Lee Frederick Trentadue Jesse Carl Trentadue v. United States of America Department of Justice Federal Bureau of Prisons Federal Bureau of Investigation, Stuart Lee, Defendant-Appellant/cross-Appellee, Kenneth Freeman, Defendant-Cross-Appellee. United States of America, Amicus Curiae. Kenneth Michael Trentadue, the Estate of by and Through Its Personal Representative Carmen Aguilar Carmen Aguilar Trentadue, Individually and as Personal Representative for the Estate of Kenneth Michael Trentadue and Guardian Ad Litem for Vito Miguel Trentadue Wilma Lou Trentadue Jesse James Trentadue Donna Trentadue Sweeney Lee Frederick Trentadue Jesse Carl Trentadue, Plaintiffs-Appellees/cross-Appellants v. United States of America, Defendant-Appellant/cross-Appellee, and Department of Justice Federal Bureau of Prisons Federal Bureau of Investigation Stuart LeeCourt of Appeals for the Tenth Circuit · 2005

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3Cited by2 opinions

  1. Lenoir v. United StatesDistrict Court, W.D. Oklahoma · 2021
  2. Ressel v. United StatesDistrict Court, W.D. Oklahoma · 2025

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