Kuhn

This is a personal injury action under the Federal Tort Claims Act, 28 U.S.C. §§ 1346 (b) and 2671 et seq., brought by plaintiff Clarence J. Kuhn. The Complaint alleges that Mr. Kuhn was “exposed to extremely high and dangerous levels of radiation on repeated occasions” while “employed by Holmes and Narver, Incorporated, an engineering and construction company.” These alleged exposures to radiation occurred when Mr. Kuhn was stationed on a ship” in the Bikini and Enewetak Atolls” from 1955 to 1961 during a time of atmospheric nuclear testing. The Complaint alleges that these exposures occurred both while Mr. Kuhn was on board ship and while he was recreating on the islands.

Defendant United States filed a Motion For Judgment On The Pleadings Or, In The Alternative, For Summary Judgment raising three arguments. First, 28 U.S.C. § 2680 {k), the foreign country exception, bars this suit. Second, 28 U.S.C. § 2680 (d), the suits in admiralty exception, bars this suit. Third, 28 U.S.C. § 2675 (a), the administrative claim requirement, bars this suit. These points were briefed by both sides and oral argument was held on May 24, 1982.

This Court need not address the third argument since…