United States First Circuit

Dismissal of plaintiff's wrongful death action under the Federal Tort Claims Act claim is reversed because the limitations period does not begin until plaintiff is found to have factual knowledge of both the existence and the cause of the injury.

Appellate Information

• Decided 05/27/2004
• Published 05/27/2004

Judges

• LYNCH, Circuit Judge., Before TORRUELLA, LYNCH, and LIPEZ, Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• David A. Mech for appellant.


• For Appellees:
  
• Richard A. Olderman, Attorney, Appellate Staff, with whom Peter D. Keisler, Assistant Attorney General, Michael J. Sullivan, United States Attorney, Jeffrey S. Bucholtz, Deputy Assistant Attorney General, and Robert S. Greenspan, Attorney, Appellate Staff, were on brief, for appellee.