Garcia-Catalan v. United States, No. 12-1907 (1st Cir. 2013)Annotate this Case
Appellant sued the United States for the negligence of its employees at the commissary at Fort Buchanan in Puerto Rico after she slipped and fell while strolling through one of the aisles. Appellant premised her action on the Federal Tort Claims Act. The government moved to dismiss Appellant's complaint, arguing that Appellant failed to allege that federal employees had actual or constructive knowledge of the dangerous condition that purportedly existed at the commissary. The district court dismissed Appellant's complaint for failure to state a claim. The First Circuit Court of Appeals reversed, holding (1) the district court applied the plausibility standard for pleadings too mechanically in this case; and (2) Appellant's complaint contained sufficient factual content to support a plausible claim or negligence against the United States. Remanded.