Fear

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 Peter L. Fear, in his capacity as the Trustee of No. 2:18-cv-02333-KJM-DB the Chapter 7 Bankruptcy Estate of Orlonzo Hedrington, ORDER Plaintiff, 14 v. . . United States of America, 16 Defendant. 17 Plaintiff Peter Fear, as the trustee of the bankruptcy estate of Orlonzo Hedrington, brings 19 this negligence suit against the United States under the Federal Tort Claims Act (FTCA). The United States moves to dismiss for lack of subject matter jurisdiction, and in the alternative, moves for summary judgment, (1) asserting Fear’s lawsuit is barred under the doctrine of res judicata, and (2) claiming insufficient evidence supports a negligence claim against the United States. For the reasons below, the court denies the motion to dismiss, but grants the motion for summary judgment based on both res judicata and insufficient evidence. 25 I. BACKGROUND Hedrington underwent a coronary artery…