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.
Argued: September 22, 2009
Decided: October 29, 2009
Opinion by Judge King
For Appellees: Ariana Wright Arnord, Baltimore, Maryland