JONES v. FOOD AND DRUG ADMINISTRATION
1:24-cv-01223
D.D.C.Sep 23, 2025Background
- Jones, a Maryland resident, sues the FDA in D.D.C. alleging negligent maintenance of a parking garage towed to damage his car.
- May 9, 2023 incident: Jones hit a malfunctioning security wedge in the FDA parking garage, damaging the undercarriage; wedge was rusted and propped up.
- Jones submitted a claim to the FDA and engaged in about nine months of correspondence before filing suit pro se on April 25, 2024.
- Jones seeks approximately $76,928.64 for repair costs, lost wages, and related damages through April 2024.
- FDA moved to dismiss under Rules 12(b)(1), (3), and (6) on March 3, 2025; motion fully briefed.
- The Court determines venue in D.D.C. is improper for FTCA purposes and transfers the case to the District of Maryland.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether venue is proper under FTCA. | Jones resides in Maryland and the incident occurred in Maryland. | Venue in DC is improper for FTCA claims where both plaintiff and act occur elsewhere. | Venue improper; transfer appropriate. |
| Whether the case should be dismissed or transferred when venue is improper. | Not explicitly stated beyond pursuing transfer as proper venue. | Transfer is appropriate under 28 U.S.C. §1406(a) rather than dismissal. | Court transfers to District of Maryland. |
Key Cases Cited
- Wright v. Eugene & Agnes E. Meyer Found., 68 F.4th 612 (D.C. Cir. 2023) (used for factual synthesis and standard of review)
- Wilson v. Obama, 770 F. Supp. 2d 188 (D.D.C. 2011) (FTCA venue considerations)
- Sanchez ex rel. Rivera-Sanchez v. United States, 600 F. Supp. 2d 19 (D.D.C. 2009) (venue where act occurred; nonresident FTCA plaintiff guidance)
- Cameron v. Thornburgh, 983 F.2d 253 (D.C. Cir. 1993) (guarding against improper DC venue for government suits)
- Poku v. Federal Deposit Insurance Corp., 752 F. Supp. 2d 23 (D.D.C. 2010) (FTCA venue considerations context)
- Sanchez-Mercedes v. Bureau of Prisons, 453 F. Supp. 3d 404 (D.D.C. 2020) (improper venue for FTCA claims by nonresident plaintiff)
- D.C. Cir. v. James, 711 F.2d 291 (D.C. Cir. 1983) (transfer preferred over dismissal in improper-venue scenarios)