McCormick v. United States

680 F.2d 345 (1982)

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McCormick v. United States

United States Court of Appeals for the Fifth Circuit
680 F.2d 345 (1982)

Facts

James McCormick (plaintiff) and his friend were riding a small pleasure boat on a bay off the Florida coast. The United States Army had a recreation center along the northern shore of the bay. McCormick and his friend collided with an unmarked piling near the recreation center. McCormick sought to sue the United States (defendant) for the Army’s alleged unlawful placement and construction of the piling. Given the maritime nature of the accident, McCormick should have brought his claim under the Suits in Admiralty Act (SAA). However, McCormick mistakenly brought his claim under the Federal Tort Claims Act (FTCA) instead. Pursuant to the FCTA’s procedures, which required a plaintiff to seek damages from the most appropriate governmental agency before filing a claim in the district court, McCormick initially filed his claim directly from the Army. The Army denied the claim, but not until over two years had elapsed since the collision. McCormick then brought his claim to district court. After determining that McCormick’s claim arose under the SAA and not the FCTA, the district court dismissed the claim because McCormick had not brought it within the SAA’s two-year statute of limitations. The district court held that the SAA’s statute of limitations could not be tolled in any circumstance. McCormick appealed.

Rule of Law

Issue

Holding and Reasoning (Clark, J.)

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