Donna McClain Mother and Personal Representative of the Deceased Minor, Ramon John Rasimowicz v. Panama Canal Commission, a U.S. Executive Agency

GARWOOD, Circuit Judge:

In this action, plaintiff-appellant Donna McClain (McClain) appeals the district court’s entry of summary judgment for defendant-appellee Panama Canal Commission (Commission). McClain originally filed her personal injury damages claim with the Commission, which refused to adjudicate it on grounds that the claim was barred by limitations and was for an amount in excess of the Commission’s jurisdiction. The district court based summary judgment on the untimeliness of McClain’s claim. We affirm without reaching the limitations question.

Facts and Proceedings Below

On October…