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CHOMIC v. U.S.

No. 03-11742.

377 F.3d 607 (2004)

Jennie E. CHOMIC, Personal Representative of the Estate of James J. Gorjup, Deceased, Plaintiff-Appellant, v. UNITED STATES of America; United States Department of Veterans Affairs, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed July 28, 2004.

Attorney(s) appearing for the Case

Jules B. Olsman, Robert F. James (argued and briefed), Olsman, Mueller & James, Berkley, MI, for Plaintiff-Appellant.

Ronald M. Stella (briefed), J. Joseph Rossi (argued), James L. Santelle, U.S. Attorney's Office for the Western District of Michigan, Grand Rapids, MI, for Defendant-Appellee.

Before: RYAN, DAUGHTREY, and CLAY, Circuit Judges.

OPINION

RYAN, Circuit Judge.

Jennie E. Chomic, the Personal Representative of the Estate of James Gorjup, brought suit against the United States under the Federal Tort Claims Act (FTCA), based on the events leading up to Gorjup's death. Although Chomic named the Department of Veterans Affairs as a defendant, a federal agency cannot be sued under the FTCA. Chomic's exclusive remedy is an action against the United States. See 28 U.S.C. § 2679(a...

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