S.R.P. EX REL. ABUNABBA v. U.S.

No. 10-4011.

676 F.3d 329 (2012)

S.R.P. (a minor), by and through Maria Rivera ABUNABBA (as mother and next of kin) S.R.P., Appellant v. UNITED STATES of America; National Park Service, U.S. Department of Interior.

United States Court of Appeals, Third Circuit.

Filed: April 10, 2012.


Attorney(s) appearing for the Case

Pamela L. Colon (Argued), Christiansted, St. Croix, USVI, for Appellant.

Thomas M. Bondy , Lowell V. Sturgill, Jr. (Argued), United States Department of Justice, Civil Division, Washington, DC, Angela P. Tyson-Floyd , Office of United States Attorney, Christiansted, VI, for Appellees.

Before: FISHER, GREENAWAY, JR. and ROTH, Circuit Judges.


OPINION OF THE COURT

FISHER, Circuit Judge.

S.R.P., a minor, appeals from an order of the District Court dismissing his claims for lack of subject matter jurisdiction under Federal Rule of Civil Procedure 12(b)(1). The action arose out of a 2004 incident in which S.R.P. was bitten by a barracuda while playing near the shore of Buck Island Reef National Monument ("Buck Island Monument" or "the Monument"). S.R.P., through his mother, filed suit against the...

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