Order

Currently pending before the Court are two interrelated motions by the Government. In its first motion, the Government requests the Court dismiss Plaintiff Naomi McDavid’s Amended Complaint for failure to state a claim upon which relief can be granted and/or for summary judgment. In its second motion, the Government asks the Court to dismiss Mrs. McDavid’s wrongful death and loss of consortium claims for lack of subject matter jurisdiction.  Upon review, and for the following reasons, the Court DENIES both motions.