United States Fourth Circuit

In plaintiff's lawsuit against the United States under the Federal Tort Claims Act, alleging that the government's employee negligently caused an automobile accident killing her husband, dismissal of the case for lack of subject matter jurisdiction is vacated and remanded as, when the scope-of-employment issue is determinative of both jurisdiction and the underlying merits of an FTCA claim, dismissal under Rule 12(b)(1) is inappropriate.

Appellate Information

• Decided 10/29/2009
• Published 10/29/2009

Judges

• Before MOTZ and KING, Circuit Judges, and MARK S. DAVIS, United States District Judge for the Eastern District of Virginia, sitting by designation.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Paul David Bekman, Salsbury, Clements, Bekman, Marder & Adkins, Baltimore, Maryland, for Appellant.  Ariana Wright Arnold, Office Of The United States Attorney, Baltimore, Maryland, for Appellee.   ON BRIEF:  Emily C. Malarkey, Salsbury, Clements, Bekman, Marder & Adkins, Baltimore, Maryland, for Appellant.  Rod J. Rosenstein, United States Attorney, Baltimore, Maryland for Appellee.