Singh

Singh v. United States

Good Law
718 F. Supp. 2d 1139·2010 WL 2382389·2010 U.S. Dist. LEXIS 57366
United States District Court, Northern District of CaliforniaJune 10, 2010C-09-4108 EMCCalifornia5,821 words

Opinion

Opinion

Chen, J.

ORDER GRANTING DEFENDANT’S MOTION TO DISMISS, OR IN THE ALTERNATIVE, FOR SUMMARY JUDGMENT

Plaintiff D.S. is a minor. Through her guardian, she filed suit against the United States, alleging that an injury she sustained at a national park was the result of government negligence. Currently pending before the Court is the United States’s motion to dismiss or, in the alternative, for summary judgment. Having considered the parties’ briefs and accompanying submissions, as well as the oral argument of counsel and all other evidence of record, the Court hereby GRANTS the government’s motion.

I. FACTUAL & PROCEDURAL BACKGROUND

In her complaint, D.S. alleges as follows. On March 16, 2008, D.S. was visiting a viewing station at Golden Gate Bridge. See Compl. ¶ 7. Upon leaving the station, she entered onto and walked on Battery East Road, which is located in the Presidio, a national park. See id. ¶¶ 3, 7. A man was riding his bicycle on the road and crashed into D.S. See id. ¶ 7. She suffered an injury as a result. See id.

According to D.S., she sustained the injury as a result of not only the actions of the man riding the bicycle but also the actions or omissions of the United States,…

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