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FRAYSIER v. UNITED STATES

No. 84-5121.

766 F.2d 478 (1985)

Roy L. FRAYSIER, Plaintiff-Appellee, v. UNITED STATES of America, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

July 23, 1985.

Attorney(s) appearing for the Case

Jeffrey Axelrad, Director, Torts Branch, U.S. Dept. of Justice, Mary McElroy Leach, Trial Atty., Washington, D.C., M. Faith Burton, Torts Branch, Civ. Div., Russell L. Caplan, Appellate Staff, Civ. Div., U.S. Dept. of Justice, Robert S. Greenspan, Washington, D.C., for defendant-appellant.

Norman S. Klein, N. Miami Beach, Fla., for plaintiff-appellee.

Before RONEY and TJOFLAT, Circuit Judges, and BROWN, Senior Circuit Judge.

RONEY, Circuit Judge:

In the Federal Tort Claims Act, which provided a limited waiver of governmental immunity, Congress provided that no tort action could be instituted against the United States for a sum in excess of that presented to the federal agency which committed the tort, except where the increased amount is based on newly discovered evidence not reasonably discoverable when the agency claim was presented, or on intervening

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