Legal Opinion
Ramirez v. United States Postal Service
District Court, D. Puerto Rico
Decided March 21, 1995No. Civ. No. 94-1540 GGPublishedCited by 1 opinion
1Opinion of the Court
OPINION AND ORDER
GIERBOLINI, Senior District Judge.
On January 9, 1995, defendant United States of America filed a motion to dismiss and/or for summary judgment seeking dismissal of plaintiffs’ complaint based on the discretionary function exception to the Federal Tort Claims Act, 28 U.S.C. § 2680(a). After being granted an extension, plaintiffs opposed defendant’s motion by alleging that the discretionary function exception is inapplicable.
FACTUAL BACKGROUND
The uncontested facts in this case reveal that on May 4, 1992, plaintiffs Jose Flores Ramírez and his wife, Cruz Nereida Rodríguez were…
2Cases cited16 opinions
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- Matsushita Electric Industrial Co., Ltd. v. Zenith Radio CorporationSupreme Court of the United States · 1986
- United States v. GaubertSupreme Court of the United States · 1991
- Berkovitz v. United StatesSupreme Court of the United States · 1988
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3Cited by1 opinion
- Leslie v. United StatesDistrict Court, D. New Jersey · 1997