United States DC Circuit

Dismissal of complaint, originally brought in superior court for injuries suffered in a car accident and then removed to federal court under the FTCA as the car's driver was a federal employee acting within the scope of his employment at the time of the accident, is affirmed as the FTCA's two-year statute of limitations had expired and plaintiff failed to exercise due diligence and was not entitled to equitable tolling.

Appellate Information

• Decided 10/31/2006
• Published 10/31/2006

Judges

• Before:  RANDOLPH and TATEL, Circuit Judges, and WILLIAMS, Senior Circuit Judge.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• John S. Kearns argued the cause and filed the brief for appellant.


• For Appellees:
  
• Beverly M. Russell, Assistant U.S. Attorney, argued the cause for appellees.   With her on the brief were Kenneth L. Wainstein, U.S. Attorney, and R. Craig Lawrence, Assistant U.S. Attorney.  Michael J. Ryan, Assistant U.S. Attorney, entered an appearance.