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WOLLMAN v. GROSS

No. 80-1204.

646 F.2d 1306 (1981)

David M. WOLLMAN, Appellant, v. Jake GROSS, Jr., Appellee.

United States Court of Appeals, Eighth Circuit.

April 9, 1981.

Attorney(s) appearing for the Case

N. Dean Nasser, Jr., Sioux Falls, S. D., for appellant.

Pamela L. Wood, Civ. Div., Dept. of Justice, Washington, D. C., for appellee.

LAY, Chief Judge, dissenting with whom BRIGHT, McMILLIAN and ARNOLD, Circuit Judges, join.

ORDER

The facts of this case amply demonstrate that a gross injustice has resulted from the court's rigid application of the statute of limitations under the Federal Tort Claims Act. As Judge Adams points out in his dissent to the panel opinion, Congress could not have intended the result now endorsed by four judges of this court. Wollman, injured in a car accident by Gross, diligently pursued his claim with Gross' insurer, which immediately reimbursed Wollman for...

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