Robert Hanna v. United States of America Veterans' Administration Hospital

OPINION OF THE COURT

GIBBONS, Circuit Judge.

This is an appeal from an order which granted the motion of the United States to dismiss the complaint on the ground that a suit under the Federal Tort Claims Act was barred by the governing 2 year statute of limitations. 28 U.S.C. § 2401(b). We reverse because the record discloses, somewhat inartistically, but nevertheless sufficiently, a genuine fact issue as to the time at which the statute of limitations commenced running.

The complaint seeks damages for alleged medical malpractice in a Veterans’ Administration Hospital. Plaintiff alleges that on…