DUPONT V. UNITED STATES
980 F.Supp. 192 (1997)
NATURE OF THE CASE: Dupont (P), husband and wife filed an action against defendant United
States under the Federal Tort Claims Act (FTCA), 28 U.S.C.S. 2671-2680 after wife (W)
slipped and fell in a post office. The government moved to dismiss the husband's (H) loss of
consortium claim on the basis that he failed to submit the claim for administrative
determination as required by 2675(a).
FACTS: W claims that she slipped and fell on a defective floor in a Charleston, West
Virginia, United States Post Office. W suffered knee and hip injuries. Pursuant to the
Federal Tort Claims Act (FTCA), 28 U.S.C. 2671-2680, P sued the United States Postal
Service under a negligence theory and submitted her claim for administrative determination.
The Postal Service denied her claim. P and H filed the instant action. The complaint
re-alleged Mrs. DuPont's negligence claims and also included a claim by H for loss of
consortium. The United States, filed a motion to dismiss contending that the Court lacks
subject matter jurisdiction over H's claim because he failed to submit the claim for
administrative determination as required by FTCA 2675(a). As of September 10, 1997, the
Postal Service had yet to receive the requisite administrative claim from H for his loss of
consortium action.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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