H. R. Kimbrell and Dean Kimbrell, a Minor, by Next Friend and Father, H. R. Kimbrell v. United States

SHACKELFORD MILLER, Jr., Chief Judge

(dissenting).

I am of the opinion that the judgment of the District Court should be reversed.

It appears to be settled law that whether the plaintiff has a cause of action under the Federal Torts Claims Act is determined by the law of the state. Accordingly, we look to Section 50-914, Tennessee Code Annotated, to determine that question and to see in whom the right exists.

The Tennessee statute provides that the injured employee has a right of action against the third party tortfeasor and that the action to enforce this claim must be instituted within one year…