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PORTIS v. UNITED STATES

No. 73-1160.

483 F.2d 670 (1973)

Leslie E. PORTIS, an infant, who sues by her father and next friend, James R. Portis, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided August 29, 1973.

Attorney(s) appearing for the Case

E. Ralph James, Jr., and L. Eldon James, Hampton, Va. (James, Richardson & James, Hampton, Va., on brief), for appellant.

Roger T. Williams, Asst. U.S. Atty. (Brian P. Gettings, U.S. Atty., on brief), for appellee.

Before WINTER, CRAVEN, and FIELD, Circuit Judges.

CRAVEN, Circuit Judge:

This is an appeal from dismissal of a complaint under the Federal Tort Claims Act, 28 U.S.C. § 1346(b). Leslie Portis, age nine, is the real plaintiff, and is now almost totally deaf allegedly as the result of medical malpractice in an Air Force hospital in 1963. The United States concedes the malpractice, and yet, incredibly, interposes the bar of the two-year statute of limitations.

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