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Date: 04-10-2023

Case Style:

Howard Mount, Jr. v. United States of America

Case Number: 4:21-cv-128

Judge: Brian Morris

Court: United States District Court for the District of Montana (Cascade County)

Plaintiff's Attorney:




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Defendant's Attorney: Abbie Cziok, John M. Newman

Description: Missoula, Montana personal Injury lawyer represented Plaintiff who sued Defendant on a Federal Tort Claims Act Medical Malpractice theory.

The claims made and defenses asserted by the parties relating to the death of Howard Mount, Sr. are not available.

The Federal Tort Claims Act (FTCA) is a federal law that waives the sovereign immunity of the United States and allows individuals to sue the federal government for torts committed by its employees within the scope of their employment. The FTCA was enacted in 1946 in response to a growing number of lawsuits against the federal government.

The FTCA applies to a wide range of torts, including negligence, assault, battery, false imprisonment, and intentional infliction of emotional distress. However, there are a number of exceptions to the FTCA, including:

Claims arising out of the exercise of a discretionary function.
Claims for injuries caused by the use of military force.
Claims for injuries caused by the operation of a motor vehicle.
Claims for injuries caused by the release of nuclear materials.

To file a claim under the FTCA, a claimant must first file a written claim with the appropriate federal agency. The agency will then investigate the claim and make a determination as to whether the United States is liable. If the agency finds that the United States is liable, it will pay the claimant the amount of damages that are allowed under the FTCA.

If the agency finds that the United States is not liable, the claimant may appeal the decision to the United States Court of Federal Claims. The Court of Federal Claims has jurisdiction to hear all claims against the United States under the FTCA.

The FTCA is a complex law, and there are many factors that must be considered in determining whether a claim is covered by the FTCA. If you believe that you have been injured by the negligent or wrongful act of a federal employee, you should consult with an attorney to discuss your legal options.


Outcome: 04/10/2023 23 Joint MOTION to Dismiss . Timothy M. Bechtold appearing for Plaintiff Howard Mount, Jr. (Attachments: # 1 Proposed Order) (Bechtold, Timothy) (Entered: 04/10/2023)
04/10/2023 24 ORDER DISMISSING CASE. Having settled all matters between them, parties here stipulate to the dismissal of this matter with prejudice, each party to bear its own costs and fees. Wherefore IT IS HEREBY ORDERED this matter is DISMISSED with prejudice, each party to bear its own costs and fees.. Signed by Judge Brian Morris on 4/10/2023. (ACC) (Entered: 04/10/2023)

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