Kerns v. United States

In April 2007, Stacia Kerns instituted this lawsuit against the United States under the Federal Tort Claims Act (the "FTCA"), 28 U.S.C. §§ 1346(b), 2671--2680, based on the alleged negligence of Government employee Debra Scott. In her complaint, Kerns alleged that Scott, acting within the scope of her employment, had negligently caused an automobile accident in Maryland that resulted in the death of Kernss husband, Dennis Gregory Kerns, Jr. (the "decedent"). On February 7, 2008, the district court dismissed the complaint under Federal Rule of Civil Procedure 12(b)(1) for lack of subject matter jurisdiction. See Kerns v. United States, 534 F. Supp. 2d 633 (D. Md. 2008) (the "Opinion"). By way of this appeal, Kerns challenges the dismissal of her FTCA claim. As explained below, we vacate and remand.