Legal Opinion
Helen Jenkins Kington, Widow of Joe D. Kington, Jr. v. United States
Court of Appeals for the Sixth Circuit
Decided June 11, 1968No. 17949PublishedCited by 48 opinions
1Opinion of the Court
WEICK, Chief Judge.
The sole question in this appeal is whether an action for wrongful death under the Federal Tort Claims Act “accrues” upon the date of death so as to be barred unless commenced within the two-year period of limitation provided in 28 U.S.C. § 2401(b) in effect at that time. It is the claim of the plaintiff that the statute does not commence to run until the cause of death is known.
*10Plaintiff alleged in her complaint that her husband, during the years 1946 and 1947 while working in a federally-owned facility at Los Alamos, New Mexico, was subjected to Beryllium which…
2Cases cited23 opinions
- Urie v. ThompsonSupreme Court of the United States · 1949
- Lee Quinton v. United StatesCourt of Appeals for the Fifth Circuit · 1962
- Victor M. Hungerford, Jr. v. United StatesCourt of Appeals for the Ninth Circuit · 1962
- Baltimore & Ohio Southwestern Railroad v. CarrollSupreme Court of the United States · 1930
- Ruby Humphreys, Administratrix of the Estate of William Orvie Humphreys, Deceased v. United StatesCourt of Appeals for the Ninth Circuit · 1959
18 more not listed; retrieve them via the Exa API.
3Cited by48 opinions
- White v. Johns-Manville Corp.Washington Supreme Court · 1985
- Tyminski v. United StatesCourt of Appeals for the Third Circuit · 1973
- Yanci Dupree v. Burtell JeffersonCourt of Appeals for the D.C. Circuit · 1981
- Patricia Reilly v. United StatesCourt of Appeals for the Eighth Circuit · 1975
- Rufus A. Garrett, Administrator of the Estate of Ronald Keith Garrett v. United StatesCourt of Appeals for the Sixth Circuit · 1981
43 more not listed; retrieve them via the Exa API.