T. J. Falgout Boats, Inc. And Insurance Company of North America v. United States of America, the Department of the Navy

This case was heard in the district court and is now before us on an agreed statement of facts, the germane portion of which reads:

Paragraph III of the complaint, mentioned in the agreed statement of facts, charges that the Navy pilot who released the Sidewinder missile conducted the flight with the express permission and consent of the appellee, negligently operated the aircraft, and negligently fired the missile which struck appellant Falg-out’s ship.

The lower court held that: (1) appellants’ exclusive remedy against the ap-pellee is under the Suits in Admiralty Act, 46 U.S.C. §§ 741-752 , and (2) since more than two years elapsed from the date of the casualty to the filing of the complaint, appellants’ claim is barred by the Act’s two-year statute of limitations, 46 U.S.C. § 745 . We affirm.

ISSUES

On appeal, appellants challenge both of the district court’s conclusions. They contend that their action lies under the Federal Tort Claims Act, 28 U.S.C. § 1346 (b), rather than under the Suits in Admiralty Act.

REMEDY

The Supreme Court has uniformly held that a maritime action may be maintained against the United States only under the Suits in Admiralty Act. Brady…