Davis v. United States

MEMORANDUM AND ORDER

GORTON, District Judge.

Pending before this Court is a motion of defendant1 for partial summary judgment with respect to a claim of plaintiff, George Davis, for loss of consortium. Defendant contends that plaintiffs claim is barred for lack of subject matter jurisdiction due to plaintiffs’ failure to exhaust administrative remedies as required by the Federal Tort Claims Act (“FTCA”), 28 U.S.C. § 2675. Plaintiff opposes the motion on the grounds that he complied with the requirements of the statute.

*518I. BACKGROUND

As required in considering a motion for summary judgment, the…