Evelyn A. Poindexter v. United States of America, Jon F. Goulding v. United States

INTRODUCTION

These two cases involve appeals from judgments in favor of the Government under the Federal Tort Claims Act (FTCA). In each case an administrative claim was filed more than one year but less than two years after the injury. The district court held in each case that the claim was barred by Ariz.Rev.Stat. § 23-1023 B, which precludes an injured worker who receives worker’s compensation benefits from filing a suit against the tortfeasor more than one year after the injury. We reverse. The two-year federal statute of limitations governs, and the claims were timely filed under its provisions.

FACTS AND PROCEDURE BELOW

The facts are not disputed in either case. David Poindexter was killed in an airplane crash, as a result of what his survivors contend was negligence by employees of the Department of the Interior. His widow filed for and received death benefits from the Arizona State Compensation Fund. Almost two years after the accident, Poindex-ter’s widow filed a claim under the FTCA, 28 U.S.C. §§ 2671-2680 . One month after the claim was denied Poindexter’s widow filed an action against the United States.

Jon Goulding was injured by what he claims was negligence by…