Legal Opinion
Martin v. United States
District Court, S.D. California
Decided May 3, 1977No. Civ. 76-1082-GTPublishedCited by 9 opinions
1Opinion of the Court
ORDER
GORDON THOMPSON, Jr., District Judge.
This matter came on regularly for hearing on the motion of the United States to dismiss plaintiff’s complaint because on the face of the complaint it appears that the statute of limitations bars the suit.
Plaintiff alleges in paragraph VIII of her complaint that the negligence occurred on or about September 6, 1967. She further alleges in paragraph XIII that she filed her administrative claim on or about April 10, 1973.
In opposition to the motion, plaintiff now asserts that she did not discover the alleged negligence until 1972, within two years…
2Cases cited6 opinions
- United States v. SherwoodSupreme Court of the United States · 1941
- Estelle E. Caton v. United States of AmericaCourt of Appeals for the Ninth Circuit · 1974
- Lewis Simon v. United StatesCourt of Appeals for the Fifth Circuit · 1957
- Lomax Ex Rel. Lomax v. United StatesDistrict Court, E.D. Pennsylvania · 1957
- Foote v. Public Housing Com'r of United StatesDistrict Court, W.D. Michigan · 1952
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Gillespie v. CivilettiCourt of Appeals for the Ninth Circuit · 1980
- Gillespie v. CivilettiCourt of Appeals for the Ninth Circuit · 1980
- Allie v. IonataSupreme Court of Florida · 1987
- Roe v. DoeHawaii Supreme Court · 1978
- Schell v. National Flood Insurers Ass'nDistrict Court, D. Colorado · 1981
4 more not listed; retrieve them via the Exa API.