Dorothy Smith v. United States

Dorothy Smith appeals the dismissal of two suits against the United States for lack of subject matter jurisdiction. We affirm.

I.

FACTS AND PROCEEDINGS BELOW

On October 4, 1984, Harvey L. Smith died of mesothelioma. His widow, Dorothy Smith, believes that Mr. Smith was exposed to asbestos when he served as a United States merchant seaman from 1966 to 1972, and that this exposure caused his illness and death. On August 1, 1986, almost two years after Mr. Smith’s death, Mrs. Smith sent a “Seaman’s Claim” for damages to the Maritime Administration, Office of Chief Counsel, Department of Transportation, along with a letter instructing the Chief Counsel to “take the steps necessary to have [the] matter filed with the Maritime Administration.”

On August 11, 1986, an attorney in the Division of Litigation, Maritime Administration, Department of Transportation, as a courtesy, forwarded Mrs. Smith’s claim to the Office of Marine Insurance, Division of Insurance, Maritime Administration, Department of Transportation. On October 1, 1986, before the Office of Marine Insurance had allowed or disallowed her claim, Mrs. Smith sued the United States in the United States district court. For…