Simonowycz v. United States

JONES, Chief Judge.

By its motion to dismiss the defendant has challenged several defects in plaintiff’s complaint.

First, the plaintiff has stated that her claim “arises under and by virtue of Title 28, U.S.C.A., Section 1346(b), commonly known as the Federal Tort Liability Act of 1947”. This statement is erroneous in that Title 28 U.S.C.A., § 1346(b) is subject to Title 28 U.S.C.A., § 2680(d), Ch. 171, which in essence excludes claims arising under § 1346(b) when there is a remedy available to the claimant under Title 46 U.S. C.A., § 781 et seq., commonly known as the Public Vessels Act.…