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DOUGLAS v. UNITED STATES

No. 80-1196.

658 F.2d 445 (1981)

Willard D. DOUGLAS and Violet A. Douglas, Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided September 1, 1981.

Attorney(s) appearing for the Case

Frank K. Penirian, Jr., William Stackpoole, Detroit, Mich., for plaintiffs-appellants.

Richard A. Rossman, U.S. Atty., Kenneth R. Fitzpatrick, Hayward L. Draper Asst. U.S. Attys., Detroit, Mich., for defendant-appellee.

Before EDWARDS, Chief Judge, and PHILLIPS and PECK, Senior Circuit Judges.

JOHN W. PECK, Senior Circuit Judge.

The issue on appeal is whether the district court was deprived of jurisdiction of appellant Douglas's personal injury action by Douglas's failure to exhaust administrative remedies under the Federal Tort Claims Act (FTCA), 28 U.S.C. §§ 1346, 2671-80.

The history of Douglas's administrative claim is long and distressing. Douglas contends that on Memorial Day, 1971, he injured his ankle when a rotten plank in a U...

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