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ARVAYO v. UNITED STATES

No. 84-1479.

766 F.2d 1416 (1985)

Jose M. ARVAYO, etc., et al., Plaintiffs-Appellees, v. UNITED STATES of America, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied August 13, 1985.

Attorney(s) appearing for the Case

Mark B. Hutton, Wichita, Kan. (Andrew W. Hutton, Wichita, Kan., with him on brief), of Michaud, Cordry, Michaud, Hutton & Hutton, Wichita, Kan., for plaintiffs-appellees.

Alleen S. Castellani, Asst. U.S. Atty., Topeka, Kan. (Benjamin L. Burgess, Jr., U.S. Atty., Topeka, Kan., with her on the brief), for defendant-appellant.

Before BARRETT and McKAY, Circuit Judges, and WINDER, District Judge.

BARRETT, Circuit Judge.

This malpractice case against the United States was commenced by Jose and Tina Arvayo under the Federal Tort Claims Act (FTCA) on behalf of their son, Jose, Jr. Following trial to the court, damages in amount of $1,950,000 were awarded in the Arvayos' favor. 580 F.Supp. 753. The dispositive issue on appeal is whether the administrative claim filed by the Arvayos was timely.1

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