Adams v. United States

ORDER

NETTESHEIM, Judge.

Defendant has moved to dismiss the complaint under RUSCC 12(b)(4) for failure to state a claim upon which relief can be granted.1

FACTS

For the purpose of ruling on a motion under RUSCC 12(b)(4), the facts alleged by plaintiff are regarded as established. See, e.g., Balboa Insurance Co. v. United States, 3 Cl.Ct. 543, at 544 n. 1 (1983) (SPECTOR, S.J.).

On May 4,1965, plaintiff, a Special Agent with the Federal Bureau of Investigation (the “FBI”), now retired, was injured in an automobile accident, caused by mechanical defect, while on official business. Plaintiff…