DuPont v. United States

980 F. Supp. 192 (1997)

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DuPont v. United States

United States District Court for the Southern District of West Virginia
980 F. Supp. 192 (1997)

  • Written by Tammy Boggs, JD
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Facts

In January 1995, Jean DuPont (plaintiff) slipped and fell in a post office located in West Virginia. Jean suffered knee and hip injuries. Pursuant to procedures provided by the Federal Tort Claims Act (FTCA), Jean submitted an administrative claim against the United States Postal Service (USPS) for negligence. In November 1996, the USPS denied Jean’s claim. In May 1997, Jean and her husband, Philip DuPont (Philip) (plaintiff) sued the United States (defendant) in federal district court for Jean’s slip-and-fall injuries. In addition to negligence, the complaint included a claim for Philip’s loss of consortium. The DuPonts alleged that they had presented their claims to the USPS for final administrative determination, thus conferring subject-matter jurisdiction to the court under the FTCA. The government filed a motion to dismiss the loss-of-consortium claim for lack of subject-matter jurisdiction, arguing that the claim had not been submitted for administrative determination and was a separate claim from negligence.

Rule of Law

Issue

Holding and Reasoning (Goodwin, J.)

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