George F. Barrie v. United States

George F. Barrie, a merchant seaman, filed an action against the Government under the Public Vessels Act, 46 U.S.C. §§ 781-790 . He alleges that as a result of the negligence and the unseaworthiness of the United States Naval Ship SEALIFT PACIFIC, on which he served from June 3, 1975, to August 15, 1975, he contracted spinal meningitis and other illnesses.

Barrie filed an administrative claim with the Department of Commerce, Maritime Administration, on December 7, 1976. When the Maritime Administration failed to act, he filed this action on July 12, 1977. Barrie delayed serving a copy on the local United States Attorney until September 12, 1977, and on the Attorney General until September 14, 1977.

The district court dismissed the action because the complaint had not been served “forthwith” as required by the Act.

The Public Vessels Act, which provides for the waiver of sovereign immunity, incorporates the Suits in Admiralty Act. Section 742, Title 46 U.S.C., requires the claimant to forthwith serve a copy of his complaint on the United States Attorney for the district in which the action is filed and to mail a copy by registered mail to the Attorney General of the United…