Kelly v. United States

531 F.2d 1144, 1976 AMC 284 (1976)

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Kelly v. United States

United States Court of Appeals for the Second Circuit
531 F.2d 1144, 1976 AMC 284 (1976)

CS

Facts

Richard Kelly drowned in Lake Ontario after the small recreational sailboat he was on capsized in 1970. The administrator of Richard’s estate, Laurence Kelly (Kelly) (plaintiff) claimed that the United States Coast Guard had been negligent in failing to rescue Richard. Kelly sued the United States (defendant) for this alleged negligence in federal district court under the Federal Tort Claims Act in 1973. The judge dismissed the complaint for lack of subject-matter jurisdiction, ruling that the cause of action was an admiralty claim and was therefore exclusively cognizable under the Suits in Admiralty Act (SIAA). The SIAA contained a two-year statute of limitations, however, which had already run out against Kelly’s complaint. Kelly appealed.

Rule of Law

Issue

Holding and Reasoning (Coffrin, J.)

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Casebooks

Admiralty

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