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FREE v. U.S.

No. 89-8057.

885 F.2d 840 (1989)

Daniel C. FREE, as Administrator of the Estate of Lee Cratin Free, Plaintiff-Appellee, v. UNITED STATES of America, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

October 10, 1989.

Attorney(s) appearing for the Case

Michael Jay Singer, Appellate Section-Civ. Div., U.S. Dept. of Justice, Mark B. Stern, Washington, D.C., for defendant-appellant.

Joseph R. Neal, Neal & Boone, Jack E. Boone, Law Office of Jack E. Boone, Augusta, Ga., for plaintiff-appellee.

Before FAY and HATCHETT, Circuit Judges, and ALLGOOD, Senior District Judge.

HATCHETT, Circuit Judge:

In this case, we hold that the presentment requirements of the Federal Tort Claims Act ("FTCA") (28 U.S.C. § 2675) are distinct from the settlement requirements of that Act (28 U.S.C. § 2672), allowing a claimant who has met presentment requirements to bring a lawsuit where the settlement requirements are not met until after the statutory period for filing a claim has expired. We affirm.

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