Date: 10-11-2024

Case Style:

Dean Villanova v. United States of America Department of the Interior National Park Service

Case Number: 2:23-CV-1170

Judge: Paul S. Diamond

Court: United States District Court for the Eastern District of Pennsylvania (Philadelphia County)

Plaintiff's Attorney:

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Defendant's Attorney: Deborah W. Frey for the USA

Matthew L. Fink and Amanda J. Bender for the city of Philadelphia

Description:

Philadelphia Federal Tort Claims Act personal injury lawyer represented the Plaintiff.

After his slip and fall at Independence National Historic Park, Plaintiff Dean Villanova proceeds against the United States of America under the Federal Tort Claims Act, and the City of Philadelphia and MainStreme Production Company, Inc. under Pennsylvania law. 28 U.S.C. § 1346; (Doc. No. 1.) I will grant the Government's Motion to Dismiss on immunity grounds. (Doc. No. 9); Fed.R.Civ.P. 12(b)(1). Because the Court thus is without jurisdiction to hear Plaintiff's federal law claim against the United States, it also lacks subject-matter jurisdiction over Villanova's pendant state law claims.

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“Absent a waiver, sovereign immunity shields the Federal Government and its agencies from suit.” FDIC v. Meyer, 510 U.S. 471, 474 (1994). The FTCA provides a limited immunity waiver regarding some private tort claims arising from “the negligent or wrongful act or omission of any employee of the Government while acting within the scope of his office or employment.” 28 U.S.C. § 1346(b)(1). The Government continues to enjoy immunity from “claims based upon the exercise of a discretionary function on the part of an employee of the government.” Baer v. United States, 722 F.3d 168, 172 (2013); 28 U.S.C. § 2680(a). The United States must show that the discretionary function exception applies. Merando v. United States, 517 F.3d 160, 164 (3d Cir. 2008).

Outcome: Dismissed

Plaintiff's Experts:

Defendant's Experts:

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