Diaz v. United States

MEMORANDUM OPINION AND ORDER

TOM S. LEE, District Judge.

This cause is before the court on the motion of defendant United States of America to dismiss pursuant to Rule 12(b)(1) of the Federal Rules of Civil Procedure, or, alternatively, for summary judgment pursuant to Rule 56. Plaintiff Tammy Diaz has responded to the motion and the court, having considered the memoranda of authorities submitted by the parties, concludes that the United States’ motion for summary judgment should be granted.

On August 30, 2005, plaintiff Tammy Diaz was involved in an automobile accident with Walter Sepulveda on…