Hartman v. United States
District Court, D. South Carolina
1Opinion of the Court
ORDER ON MOTION TO DISMISS
HEMPHILL, Senior District Judge.
The Government’s motion to dismiss this action brought under the Federal Tort Claims Act 1 raises essentially one issue: do the facts as alleged by plaintiff Hartman constitute a maritime tort cognizable exclusively within the admiralty jurisdiction 2 of this Court? Because they do, this action is time-barred by reason of the applicable and strict two year statute of limitations, 3 and the motion to dismiss for want of subject matter jurisdiction must be granted.
While this dispositive question was easily phrased in the paragraph above,…
2Cases cited22 opinions
- Executive Jet Aviation, Inc. v. City of ClevelandSupreme Court of the United States · 1972
- The Daniel BallSupreme Court of the United States · 1871
- The Propeller Genesee Chief v. FitzhughSupreme Court of the United States · 1852
- The PlymouthSupreme Court of the United States · 1866
- Victory Carriers, Inc. v. LawSupreme Court of the United States · 1971
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3Cited by4 opinions
- Wilder v. Placid Oil Co.District Court, W.D. Louisiana · 1985
- Loving v. AlexanderDistrict Court, W.D. Virginia · 1982
- Reynolds v. BradleyDistrict Court, N.D. New York · 1986
- Steel Creek Development Corp. v. JamesCourt of Appeals of North Carolina · 1982