Robinson

MEMORANDUM AND ORDER

Plaintiffs Rodney Robinson, Linda Robinson, and Daniel Timko (collectively referred to as “Plaintiffs”) brought an action under the Federal Tort Claims Act (“FTCA”), 28 U.S.C. §§ 2671 through 2680 against Defendant United States of America (“the Government”). Plaintiffs allege that agents and employees of the Government negligently allowed a prescribed fire started on the Government’s property to escape onto the property occupied by the Plaintiffs, thereby causing Plaintiffs to suffer emotional distress and damages to their personal property. This matter is before the court on cross-motions for Summary Adjudication of Issues pursuant to Rule 56 of the Federal Rules of Civil Procedure. The Government seeks an order from this court that Plaintiffs are not entitled to emotional distress damages as a matter of law and that the proper valuation of Plaintiffs personal property allegedly damaged is market value. The Plaintiffs seek a determination that they are entitled to emotional distress damages as a matter of law and that the proper valuation of their damaged or destroyed personal property is peculiar or sentimental value. For the reasons set forth below, this…