Mark Pittman, a Minor, by and Through His Guardian Ad Litem Milan L. Pittman v. United States

Mark Pittman on July 13, 1959, was nine years of age. He was playing in the residential area of a Navy installation at Vallejo, California, and the driver of a Navy motor vehicle ran into him. He suffered injuries.

Suit under the Federal Tort Claims Act was commenced on December 18, 1961, for the minor by his father, Milan L. Pittman. Shortly before the complaint was filed, the latter was appointed guardian ad litem by the district court.

The district court held that 28 U.S.C. § 2401 (b) is applicable and dismissed the action This appeal followed.

In pertinent part § 2401(b) reads as follows:

If the claim “accrued” on July 13, 1959, and if the foregoing is the applicable section, obviously on the face of things the action was filed too late.

But counsel for appellant argues rather eloquently that the claim could not accrue until Mark had a guardian ad litem appointed by the court to pursue his right or until he reached 21 years of age, because there was nothing he could do for himself. He says that a right without a remedy is no right at all and therefore no claim could have accrued. Such argument has considerable original merit and perhaps has been followed in some areas of…