Mildred Jerves v. United States
Opinion
Opinion
Fletcher, J.
Mildred Jerves appeals the dismissal of her action against the United States for lack of subject matter jurisdiction. We affirm.
I.
On September 1, 1987, Mildred Jerves fell and broke her leg at the Pearl Harbor Naval Base Commissary. After her fall, she filed a $250,000 damages claim against the United States with the Naval Legal Service Office (NLSO), the appropriate federal agency. Less than five months later, on December 28, 1989, she commenced this action against the United States in district court. In a judgment entered on October 26, 1990, the district court dismissed the suit for lack of subject matter jurisdiction. Jerves timely appeals.
II.
The Federal Tort Claims Act, 28 U.S.C. §§ 1346 , 2671-2680 (1988) (FTCA), waives the sovereign immunity of the United States for actions in tort. The Act vests the federal district courts with exclusive jurisdiction over suits arising from the negligence of Government employees. However, the Act further provides that before an individual can file an action against the United States in district court, she must seek an administrative resolution of her claim. Thus, 28 U.S.C. § 2675 (a) reads, in relevant part:
28 U.S.C. § 2675 (a)…