United States District Court, C.D. California
TRACI J. PRIEST ET AL.
UNITED STATES OF AMERICA ET AL.
Present: The Honorable CHRISTINA A. SNYDER
CIVIL MINUTES - GENERAL
DEFENDANTS' MOTION TO DISMISS FOR LACK OF SUBJECT MATTER
JURISDICTION AND FAILURE TO STATE A CLAIM (dkt. 11, Filed
October 23, 2017)
12, 2016, plaintiffs Traci Priest and David Priest filed a
complaint against defendants United States of America (the
“United States”) and United States Department of
Agriculture Forest Service (the “Forest
Service”). Dkt. 1 (“Compl.”). Plaintiffs
assert claims for negligence and loss of consortium stemming
from personal injuries that Traci Priest allegedly suffered
in the parking lot of a visitor center.
October 23, 2017, the United States filed the instant motion
to dismiss. Dkt. 11 (“MTD”). On October 30, 2017,
plaintiffs filed their opposition, dkt. 12
(“Opp'n”), and on November 6, 2017, the
United States filed its reply, dkt. 13 (“Reply”).
carefully considered the parties' arguments, the Court
finds and concludes as follows.
allege the following facts.
about June 7, 2014, Traci Priest was a passenger on a bus
that arrived at Grassy Hollow Park and Visitor Center on
Angeles Crest Highway in Wrightwood, California (“the
premises”). Compl. ¶ 6. Plaintiffs allege that the
United States constructed, managed, inspected, and operated
the premises. Id. ¶ 5. The bus driver was
directed to park the bus in a particular location on the
premises, and plaintiffs allege that “it was known that
the bus was carrying passengers who, once the bus parked,
would be required to disembark the bus.” Id.
¶ 6. Plaintiffs allege that a dangerous condition
existed on the premises because the surface upon which
passengers disembarked was in a state of
further allege that the United States, through its employees
and agents, negligently maintained and operated the parking
lot. Id. ¶ 7. When Traci Priest disembarked
from the bus, the dangerous condition caused her to sustain
injuries to her foot and ankle. Id. Plaintiffs
allege that, as a proximate cause of the United States'
negligence, Traci Priest was injured insofar as she sustained
bodily injuries and injury to her nervous system.
Id. ¶ 9. These injuries have caused and
continue to cause Traci Priest mental, physical, nervous
pain, in addition to mental anguish, fright, humiliation, and
emotional trauma. Id. ¶¶ 9, 11. Traci
Priest has incurred and will incur future medical expenses in
the examination, care, and treatment of her injuries that
include “serious injuries to her foot and ankle,
requiring surgery.” Id. ¶ 10. Plaintiffs
further allege that Traci Priest, as a result of these
injuries, is unable to pursue her vocation and suffers from a
loss of earnings and a loss of earning capacity. Id.
allege that David Priest is the husband of Traci Priest, and
as a direct result of the United States' negligence, he
has suffered a loss of his wife's love, comfort,
companionship, affections, society, solace, moral support,
and physical assistance in the operation and maintenance of
the family home. Id. ¶ 16.
assert that this Court has jurisdiction pursuant to 28 U.S.C.
section 1436(b) because their claims are founded upon the
filing of a Federal Tort Claim pursuant to 28 U.S.C. section
Federal Rule of Civil ...