Smith Ex Rel. Fitzsimmons v. United States
District Court, D. North Dakota
1Opinion of the Court
ORDER GRANTING DEFENDANT’S MOTION TO DISMISS
HOYLAND, Chief Judge.
Before the Court is the Defendant’s Motion to Dismiss and Motion for Summary Judgment filed on February 28, 2007. The plaintiff filed a response in opposition to the motion on April 30, 2007, and the defendant filed a reply brief on May 8, 2007. For the reasons outlined below, the Court grants the motion.
I. BACKGROUND
On June 18, 2003, the plaintiff, twelve-year-old Jonathon Smith (Smith), was playing a game with a friend, P.W., 1 that involved pouring gasoline onto the back tire of Smith’s bicycle, lighting the tire with a…
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