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Kerns v. US, No. 08-1287

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.     

Read Kerns v. US, No. 08-1287

Appellate Information

Argued: September 22, 2009

Decided: October 29, 2009


Opinion by Judge King


For Appellant:  Paul David Bekman, Salisbury, Clements, Bekman, Marder & Adkins

For Appellees:  Ariana Wright Arnord, Baltimore, Maryland