Donald W. Powers v. United States

Powers appeals from the District Court’s dismissal of his suit against the United States. The dismissal resulted from the District Court’s conclusion that the action was barred by lapse of time.

The facts are undisputed. They are shown by Powers’ complaint and by photostatic copies of documents which were attached to the Government’s motion to dismiss the action. Powers filed his complaint on January 4, 1966. Invoking the provisions of the Federal Tort Claims Act, 28 U.S.C. §§ 1346 (b), 2671-2680, he alleged that the United States had negligently caused him injury on January 3, 1964. It is seen, therefore, that the complaint was filed more than two years after the claim accrued. Powers sought damages in the sum of $5,223.-45,

On December 15, 1965, Powers, through his attorneys, had forwarded a claim for his “damage or injury” to the legal officer of the Naval Supply Center, Oakland, California. The claim was signed by Powers “under the penalties of perjury” and specified the amount of the claim as $5,000. The Department of the Navy denied the claim in a letter dated January 12, 1966.

The solution to the problem presented by this appeal lies in the interpretation of 28 U.S.C. §…