Legal Opinion
Leslie E. Portis, an Infant, Who Sues by Her Father and Next Friend, James R. Portis v. United States
Court of Appeals for the Fourth Circuit
Decided August 29, 1973No. 73-1160PublishedCited by 67 opinions
1Opinion of the Court
CRAVEN, Circuit Judge:
This is an appeal from dismissal of a complaint under the Federal Tort Claims Act, 28 U.S.C. § 1346(b). Leslie Portis, age nine, is the real plaintiff, and is now almost totally deaf allegedly as the result of medical malpractice in an Air Force hospital in 1963. The United States concedes the malpractice, and yet, incredibly, interposes the bar of the two-year statute of limitations. 1 Reluctantly, the district judge applied the statute, 28 U.S.C. § 2401(b), 2 and dismissed. 3 We think the statute of limitations as applied to the hearing loss began to run in 1969 when,…
2Cases cited7 opinions
- Urie v. ThompsonSupreme Court of the United States · 1949
- Lee Quinton v. United StatesCourt of Appeals for the Fifth Circuit · 1962
- Charles Wing Young v. Clinchfield Railroad CompanyCourt of Appeals for the Fourth Circuit · 1961
- Paul Eugene Tessier v. United StatesCourt of Appeals for the First Circuit · 1959
- Arvil M. Ashley v. United StatesCourt of Appeals for the Ninth Circuit · 1969
2 more not listed; retrieve them via the Exa API.
3Cited by67 opinions
- United States v. KubrickSupreme Court of the United States · 1979
- Nial Ruth Cox v. A. M. Stanton, M.D.Court of Appeals for the Fourth Circuit · 1975
- Helen J. Stoleson v. United StatesCourt of Appeals for the Seventh Circuit · 1980
- Dale R. Kichline v. Consolidated Rail CorporationCourt of Appeals for the Third Circuit · 1986
- Jules J. Exnicious v. United StatesCourt of Appeals for the Tenth Circuit · 1977
62 more not listed; retrieve them via the Exa API.