Abernathy v. United States

MEMORANDUM AND ORDER

ROGERS, District Judge.

This case is now before the court upon defendant’s motion to dismiss. This is a Federal Tort Claims Act case arising from an automobile accident. The accident occurred on August 2, 1987. Plaintiff filed suit on this matter once before, but agreed to dismissal without prejudice for failure to file an administrative claim. On March 6, 1989, the postal service received an administrative claim from plaintiff. This case was filed August 17, 1989 — less than six months after the presentment of the administrative claim. On October 24, 1989, the defendant…