Prendeville v. United States

WILLIAM C. CONNER, District Judge:

Defendants United States of America and the Veterans Administration have moved for an order (1) dismissing plaintiffs first cause of action, for damages arising from injury to John Prendeville, for lack of subject matter jurisdiction due to the untimeliness of plaintiffs complaint under the Federal Tort Claims Act, 28 U.S.C. § 1346(b) (1982) (“FTCA”), and (2) dismissing plaintiffs third cause of action for failure to state a claim upon which relief can be granted.1

Background

On September 11, 1981 plaintiffs decedent John Prendeville was admitted to the New…