Legal Opinion
Crack v. United States
District Court, E.D. Virginia
Decided September 12, 1988No. Civ. A. 88-0806-APublishedCited by 7 opinions
1Opinion of the Court
MEMORANDUM OPINION
ELLIS, District Judge.
Introduction
In this Federal Tort Claims Act (FTCA) 1 case, settled statutory construction compels a seemingly harsh result. Plaintiff, injured in an accident involving a Marine Corps vehicle, attempted to submit the requisite administrative claim by mail. It was never received. The question presented, therefore, is whether a claim that has been mailed, but not received, has been “presented to” 2 the proper agency or department as required by the FTCA. Settled authority provides the answer: it has not. Accordingly, this Court concludes that plaintiff’s…
2Cases cited11 opinions
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- United States v. KubrickSupreme Court of the United States · 1979
- Anna Mae R. Henderson v. United States of America, Anne Marie Henderson, by Her Guardian Ad Litem, Anna Marie R. Henderson v. United StatesCourt of Appeals for the Fourth Circuit · 1986
- Lizzie Ethel Kielwien v. United StatesCourt of Appeals for the Fourth Circuit · 1976
- Mary Eileen Meeker v. United StatesCourt of Appeals for the Eighth Circuit · 1970
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3Cited by7 opinions
- Davis v. Bureau of PrisonsDistrict Court, District of Columbia · 2013
- Payne v. United StatesDistrict Court, N.D. New York · 1998
- Anderson v. United StatesDistrict Court, E.D. Pennsylvania · 1990
- Brown v. Unites States of AmericaDistrict Court, E.D. Virginia · 2021
- Lee v. StateArizona Supreme Court · 2008
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