Lerma

ORDER

The motion of defendant United States to dismiss this action under the Federal Tort Claims Act, 28 U.S.C. §§ 1346 , 2671-2680, for lack of subject matter jurisdiction, pursuant to Fed.R.Civ.P. 12(b)(1), came on regularly for hearing on December 7, 1987. Following the hearing, the plaintiffs filed a supplemental memorandum on December 17th, with the permission of the court, in order to respond to arguments raised in the defendant’s reply brief.

Upon consideration of all the papers submitted and the argument of counsel, the motion to dismiss for lack of subject matter jurisdiction is GRANTED, for reasons set forth below.

I. BACKGROUND

Plaintiffs Richard L. Lerma and Olivia Lerma sue the United States for injuries resulting from a vehicular accident that occurred on December 2, 1985. The complaint alleges that on that date, Richard Lerma was driving his motorcycle on Highway 101 when he was struck by a tractor/trailer, owned by Hunt Transportation Corporation (Hunt) and driven by Hunt employee Teresa Marie Prado (Prado). At the time of the incident, the Hunt vehicle was transporting mail pursuant to a contract by Hunt with the U.S. Postal Service. Complaint, 11IV (filed…