STOLESON v. UNITED STATES

No. 79-2306.

629 F.2d 1265 (1980)

Helen J. STOLESON, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided September 12, 1980.


Attorney(s) appearing for the Case

Ronald L. Wallenfang, Quarles & Brady, John A. Rothstein, Milwaukee, Wis., for plaintiff-appellant.

Howard S. Scher, Dept. of Justice, Washington, D. C., for defendant-appellee.

Before FAIRCHILD, Chief Judge, and PELL and WOOD, Circuit Judges.


HARLINGTON WOOD, Jr., Circuit Judge.

At issue is whether Helen Stoleson's suit under the Federal Tort Claims Act (FTCA), 28 U.S.C. § 2671 et seq., is barred by that statute's two-year limitation period. Id. § 2401(b). Since Mrs. Stoleson was injured more than two years before filing suit, resolution of the determinative issue requires that we consider whether the so-called "discovery rule" is applicable outside the medical malpractice arena...

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