White v. United States

MICHIE, District Judge.

This is an action brought by the Administrator of the estate of Donald E. Meeks to recover for the death of Donald E. Meeks which is alleged to have occurred by reason of the negligence of agents of the defendant at the Veterans Hospital in Salem, Virginia.

The defendant filed an answer denying negligence and advancing two “affirmative defenses”, namely, first that the complaint failed to state a claim against the defendant upon which relief can be granted and, second, that the claim arises out of action taken in the exercise or performance or failure to exercise or…