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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND * * * * * * Civil No. JFM 00-2296 * * * * ***** MEMORANDUM

RICHARD S. MACK, JR., et al., Plaintiffs, v. UNITED STATES OF AMERICA, Defendant.

Now pending before the court is the Defendant's Motion to Dismiss, or in the Alternative, for Summary Judgment. The facts relevant to the dispute, as stated in the record and assumed true for purposes of this motion, follow. On August 24, 1998, at approximately 7:25 a.m., Gloria Deberry Mack ("Mack"), a Master Sergeant in the United States Air Force, was driving north along Telegraph Road in Hanover, Maryland in her Volkswagen Jetta. She was reporting for duty at the Air Mobility Command terminal of Baltimore Washington International Airport. At the same time, Ellen Machiko Maxton ("Maxton"), a Special Agent of the Department of Defense ("DOD"), was driving a government-owned vehicle south along Telegraph Road. She was the last driver in a caravan of four cars driven by government employees heading for a field office in Hanover. At the intersection of Telegraph Road and Dorsey Road, each of the cars in the caravan turned left onto (eastward) Dorsey Road. Maxton turned as Mack entered the intersection from the south on a green light. Maxton failed to yield the right-of-way and struck Mack's vehicle. The impact caused Mack to collide with the front windshield. Although 1

paramedics arrived and transported Mack to the Shock Trauma unit in Baltimore, she died on August 31, 1998 from her injuries. On September 3, 1999, Mack's husband, Richard Mack, filed an administrative claim form ("SF-95") with the government for injuries arising out of the accident. The proper government agency received the claim on November 1, 1999. The government had not denied the claim as of July 27, 2000, when this action was filed. Richard Mack brings survival and wrongful death claims under the Federal Tort Claims Act ("FTCA"), 28 U.S.C.

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