Sikes v. United States

BARD, District Judge.

The defendant, the United States of America, has moved to dismiss the complaint on the ground that the action is barred by the statute of limitations.

The plaintiff’s complaint, which is purportedly based upon the Federal Tort Claims Act,1 alleges a cause of action for personal injury sustained by the plaintiff as a result of a fire which occurred on premises which were leased by the United States Government.

The record establishes beyond question that the plaintiff’s action was not instituted within the one year period of limitation established by Section 420 of the…