Robert Wolcoff v. United States

MEMORANDUM

Plaintiffs-appellants Robert and Heather Wolcoff (“the Woleoffs”) appeal the district court’s grant of summary judgment to defendant-appellant Dr. Ann Marie Yost.

Robert Wolcoff sought treatment at the Alaska Native Medical Center (“ANMC”), a federally-funded hospital, in June 2005, at which time Dr. Yost performed lumbar surgery on him. On account of injuries allegedly sustained during that operation, and after exhausting their administrative remedies, see 28 U.S.C. § 2675 (a), the Wolcoffs filed a complaint for medical malpractice against the United States under the Federal Tort Claims Act (FTCA), 28 U.S.C. §§ 2671 et seq. Three months later, the United States filed an answer to the Wolcoffs’ complaint indicating that Dr. Yost may not, in fact, be a federal employee. The Wolcoffs subsequently amended their complaint to add a state tort claim against Dr. Yost personally.

Dr. Yost moved for summary judgment, arguing that the Wolcoffs’ state tort claim was time-barred. The district court agreed and entered judgment for Dr. Yost. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

The statute of limitations for tort actions in Alaska is two years. See Alaska…