Tindall ex rel. Tindall v. United States

MEMORANDUM OPINION

DAVIDSON, District Judge.

This action, claiming damages resulting from the detonation of an explosive device, comes before the court on the defendant’s motion to dismiss or for summary judgment. Defendant questions this court’s jurisdiction to hear the instant action, Federal Rule of Civil Procedure 12(b)(1); the claim is brought pursuant to the Federal Tort Claims Act, 28 U.S.C. §§ 1346(b) and 2671 et seq., and defendant’s claim fails to come within the FTCA’s limited exception to sovereign immunity. Defendant also moves for dismissal pursuant to Federal Rule of Civil…