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Remedies Keyed to Kovacic-Fleischer, 8th
DuPont v. United States
Citation:
980 F. Supp. 192 (1997)Facts
On January 8, 1995, Jean D. DuPont slipped and fell on a defective floor at a United States Post Office in Charleston, West Virginia, suffering knee and hip injuries. Pursuant to the Federal Tort Claims Act, Mrs. DuPont submitted her negligence claim to the United States Postal Service for administrative determination. The Postal Service denied her claim on November 8, 1996. On May 2, 1997, both Jean and Philip DuPont filed suit in federal court. The complaint included Mrs. DuPont’s negligence claims and a separate claim by Mr. DuPont for loss of consortium. The plaintiffs asserted that their claims had been presented to the Postal Service and denied, thereby conferring subject matter jurisdiction. However, Philip DuPont had never independently submitted his loss of consortium claim for administrative review, as evidenced by a declaration from a Postal Service employee stating no such claim had been received as of September 10, 1997.
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