Roath v. United States

DECISION AND ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT’S 12(c) MOTION FOR JUDGMENT ON THE PLEADINGS (DOC. 10)

C.N. CLEVERT, JR., Chief Judge.

Daniel R. Roath and Mary A. Roath (“Roaths”) brought suit against the United States under the Federal Tort Claims Act (“FTCA”), 28 U.S.C. § 1346(b), to recover costs for property damage. The United States seeks judgment on the pleadings pursuant to Fed.R.Civ.P. 12(c),1 (Doc. 10), asserting it is not subject to liability because the alleged government conduct was a discretionary function that insulates it in accordance with 28 U.S.C. § 2680(a).…