Duncan v. United States

MEMORANDUM OPINION

HEEBE, Chief Judge:

This action was brought by plaintiffs Billy Ray Duncan and Maxine Smart for damages against the United States of America, pursuant to 28 U.S.C. Section 1346(b) and 28 U.S.C. Sections 2671 et seq. Jurisdiction is based on these same provisions, otherwise known as the Federal Tort Claims Act. Plaintiffs claim they are entitled to damages arising from a multivehicle auto accident in which a truck carrying U.S. mail, rear-ended two vehicles in which plaintiffs were passengers.

The focus of this suit and the Court’s findings is whether Jimmie Jordan, the driver…