Legal Opinion
Kerns v. United States
District Court, D. Maryland
Decided February 7, 2008No. Civil Action CCB-07-1006PublishedCited by 2 opinions
1Opinion of the Court
MEMORANDUM
CATHERINE C. BLAKE, District Judge.
Now pending before the court is a motion to dismiss filed by defendant United States of America against plaintiff Stacia Lynn Kerns. Pursuant to the Federal Tort Claims Act, 28 U.S.C. § 1346(b)(1), Kerns is suing the United States under a theory of vicarious liability for the allegedly negligent acts of Debra Scott that resulted in a traffic accident and the tragic death of Kerns’ husband, Gregory Kerns, Jr. Arguing that Scott was not acting within the scope of her employment at the time of the accident, the United States seeks dismissal of the…
2Cases cited16 opinions
- Mortensen v. First Federal Savings & Loan Ass'nCourt of Appeals for the Third Circuit · 1977
- Adams v. BainCourt of Appeals for the Fourth Circuit · 1982
- Williams v. United StatesCourt of Appeals for the Fourth Circuit · 1995
- Oaks v. ConnorsCourt of Appeals of Maryland · 1995
- Sawyer v. HumphriesCourt of Appeals of Maryland · 1991
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3Cited by2 opinions
- Kerns v. United StatesCourt of Appeals for the Fourth Circuit · 2009
- Mitchell Evans v. United StatesCourt of Appeals for the Fourth Circuit · 2024