Meagher
Meagher v. United States
Opinion
Opinion
ORRICK, District Judge.
In this maritime tort action brought by plaintiff Sharon Meagher ("Meagher") against defendant United States of America ("United States"), the United States now moves to dismiss the action for lack of subject matter jurisdiction, pursuant to Rule 12(b)(1) of the Federal Rules of Civil Procedure. For the reasons set forth hereinafter, the motion is granted.
This action arises out of Meagher's trip and fall on board HORNET, an aircraft carrier with a record of distinguished service to her country in three wars. [1] HORNET now sits at anchor in Alameda, California, on the waters of San Francisco Bay, where she is a floating museum and event venue. On May 26, 1998, the United States Navy ("Navy") donated HORNET to a nonprofit group called the Aircraft Carrier Hornet Foundation ("Foundation"), under a ship-donation program authorized by 10 U.S.C. § 7306 ("donation statute"). Pursuant to the Contract of Donation ("Contract") between the Navy and the Foundation, title to HORNET passed to the Foundation, and the Foundation was to operate HORNET as a static museum and floating display. (Mot. Ex. B, Hall Decl. Encl. 2, Contract at 2, 7.)