United States Third Circuit

In a medical malpractice action, summary judgment for defendant is reversed and remanded where: 1) the equitable tolling doctrine applies to the Federal Tort Claims Act's statute of limitations; and 2) the equitable tolling doctrine applies here to toll the FTCA's statute of limitations until plaintiff learned that the state-court defendants had been deemed federal employees, as plaintiff exercised due diligence in pursuing her claim and federal involvement was oblique.

Appellate Information

• Argued 12/02/2008
• Decided 03/11/2009
• Published 03/11/2009

Judges

• Before: AMBRO and GREENBERG, Circuit Judges, and O'NEILL, District Judge.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• David J. Foster (argued), Costopoulos, Foster & Fields, Lemoyne, PA, for Appellant.


• For Appellees:
  
• Michael J. Butler, Office of the United States Attorney, Harrisburg, PA, Gregory G. Katsas, Acting Assistant Attorney General, Civil Division, Phyllis J. Pyles, Director, Torts Branch, James G. Touhey, Jr., Assistant Director, Torts Branch, Conor Kells (argued), Trial Attorney, Torts Branch, Civil Division, U.S. Department of Justice, Washington, D.C., for Appellee.