Legal Opinion

Dawson Ex Rel. Estate of Dawson v. United States

District Court, D. South Carolina

Decided August 31, 2004No. 2:04-1027-18PublishedCited by 2 opinions

1Opinion of the Court

ORDER

NORTON, District Judge.

This matter comes before the court on defendant’s Motion to Dismiss. Defendant has moved to dismiss plaintiffs complaint for lack of subject matter jurisdiction under Fed.R.Civ.P. 12(b)(1). Defendant argues that plaintiffs administrative claim was not properly filed with the Department of Veterans Affairs Regional Counsel’s office and that, as a result, plaintiff is not the proper party to bring suit against it under the Federal Tort Claims Act.

I. Background

On April 1, 2004, plaintiff, Eva Dawson (“Ms. Dawson”), filed survival and wrongful death claims against…

2Cases cited7 opinions

  1. Lillian Knapp, Personal Representative of the Estate of Julius J. Knapp, Deceased v. United StatesCourt of Appeals for the Sixth Circuit · 1988
  2. Thomas v. GraysonSupreme Court of South Carolina · 1995
  3. Glenn v. E. I. DuPont De Nemours & Co.Supreme Court of South Carolina · 1970
  4. Pringle v. United StatesDistrict Court, D. South Carolina · 1976
  5. Wozniak v. United StatesDistrict Court, D. Massachusetts · 1988

2 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. Draughon v. United StatesDistrict Court, D. Kansas · 2015
  2. Estate of Gavin v. Tewksbury State HospitalMassachusetts Appeals Court · 2013

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