Best v. United States

OPINION

PAUL L. FRIEDMAN, District Judge.

This matter is before the Court on the government’s motion to dismiss for lack of subject matter jurisdiction under Rule 12(b)(1) of the Federal Rules of Civil Procedure and for failure to state a claim upon which relief can be granted under Rule 12(b)(6). In the alternative, the govern ment requests that the Court enter summary judgment in its favor under Rule 56. 1

The plaintiff, Elizabeth Deloris Best, brings suit under the Federal Tort Claims Act (“FTCA”), 28 U.S.C. §§ 2671, et seq., on behalf of the estate of her deceased son, Willie Best, as a…