Janitscheck

MEMORANDUM *

Plaintiff Gerald Janitseheek sued the United States 1 under the Federal Tort Claims Act (FTCA), 28 U.S.C. §§ 2671-2680 , alleging negligence. Plaintiff, an employee of an independent contractor, fell from a fuel tank while refilling it. The United States filed a third-party complaint for apportionment against the designers of the fuel tank, Louis Weller Architects and Martell & Associates (the Architects). The district court granted summary judgment to the United States on the ground that the United States owed no duty to Plaintiff. Plaintiff then sued the Architects directly, but the district court granted summary judgment in favor of the Architects because Plaintiffs action against them was too late. Plaintiff timely appeals both decisions here. We reverse the district court’s judgment as to the United States, but affirm the judgment as to the Architects.

1. Plaintiffs Claim Against the United States

Claims under the FTCA are governed by state law, specifically the law of the state where the claim accrued. Delta Sav. Bank v. United States, 265 F.3d 1017 , 1025 (9th Cir.2001), cert. denied, — U.S. —, 122 S.Ct. 816 , 151 L.Ed.2d 700 (2002). We review de novo the…