Salyer, et. al. v. United States of America, No. 5:2012cv00950 - Document 9 (S.D.W. Va. 2012)
Court Description: MEMORANDUM OPINION AND ORDER granting United States's 4 MOTION to Dismiss Linda Salyer's Loss of Consortium Claim for Lack of Subject Matter Jurisdiction; dismissing Count II (Loss of Consortium) of Plaintiffs' Complaint. Signed by Judge Irene C. Berger on 6/7/2012. (cc: attys; any unrepresented party) (slr)
Download PDF
<![CDATA[
IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA BECKLEY DIVISION KENNETH SALYER and LINDA SALYER, his wife, Plaintiffs, v. CIVIL ACTION NO. 5:12-cv-00950 UNITED STATES OF AMERICA, Defendant. MEMORANDUM OPINION AND ORDER The Court has reviewed the United States Motion to Dismiss Linda Salyer s Loss of Consortium Claim for Lack of Subject Matter Jurisdiction (Document 4) filed on May 15, 2012. In support, the Defendant argues this Court lacks subject matter jurisdiction with respect to the consortium claim because Plaintiff Linda Salyer did not file an administrative tort claim prior to filing the Complaint as required by Federal Tort Claims Act, 28 U.S.C. ยง 2675. (Document 5 at 1-2.) Further, the Defendant argues that pursuing an administrative claim is a jurisdictional requirement that cannot be waived. (Id. at 1.) (citing Muth v. United States, 1 F.3d 246, 249 (4th Cir. 1993)). In response, Plaintiffs state that they have nothing to offer in opposition to defendant s Motion to Dismiss Linda Salyer s Loss of Consortium Claim for Lack of Subject Matter Jurisdiction. After careful consideration of the motion, the supporting memorandum, and Plaintiffs response, the Court finds it lacks subject matter jurisdiction with respect to Plaintiff Linda Salyer s loss of consortium claim. Accordingly, the Court does hereby ORDER that Defendant s Motion to Dismiss Linda Salyer s Loss of Consortium Claim for Lack of Subject Matter Jurisdiction (Document 4) be GRANTED and that Count II (Loss of Consortium) of Plaintiffs Complaint (Document 1) be DISMISSED. The Court DIRECTS the Clerk to send a copy of this Order to counsel of record and to any unrepresented party. ENTER: 2 June 7, 2012
]]>
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You
should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
