PHILLIPS v. U.S.

No. 01-10730 Non-Argument Calendar.

260 F.3d 1316 (2001)

Ethel Maxine PHILLIPS, individually and as surviving spouse and authorized representative of the estate of Walter Kenneth Phillips, deceased, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

August 10, 2001.


Attorney(s) appearing for the Case

E. Gilmore Maxwell, McDonough, GA, for Plaintiff-Appellant.

Julia B. Anderson, Atlanta, GA, for Defendant-Appellee.

Before DUBINA, HULL and KRAVITCH, Circuit Judges.


KRAVITCH, Circuit Judge:

In this appeal we decide whether Georgia's renewal statute, O.C.G.A § 9-2-61, applies to extend the limitation period in 28 U.S.C. § 2401(b) for causes of action brought under the Federal Tort Claims Act. We hold that it does not.

I. Background

On April 9, 1999, Appellant Ethel Phillips filed a claim with the Department of Veterans Affairs, alleging negligence and medical malpractice arising out of the care and...

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