B-139811, OCT. 16, 1961
Highlights
ESQUIRE: REFERENCE IS MADE TO YOUR LETTER DATED SEPTEMBER 25. YOUR ATTENTION IS INVITED TO THE PROVISIONS OF 28 U.S.C. 2401 STATING THAT A TORT CLAIM AGAINST THE UNITED STATES IS "FOREVER BARRED. " UNLESS SUIT IS COMMENCED. MORE THAN TWO YEARS HAVE ELAPSED.
B-139811, OCT. 16, 1961
TO NORVAN E. ADAMS, ESQUIRE:
REFERENCE IS MADE TO YOUR LETTER DATED SEPTEMBER 25, 1961, PRESENTING A CLAIM OF HENRY B. BERRY, IN THE AMOUNT OF $2,500, FOR PERSONAL INJURIES OCCASIONED BY AN AUTOMOBILE DRIVEN BY CHARLES W. MATTOX, AN EMPLOYEE OF THIS OFFICE, ON APRIL 13, 1959, NEAR EAST ST. LOUIS, ILLINOIS.
YOUR ATTENTION IS INVITED TO THE PROVISIONS OF 28 U.S.C. 2401 STATING THAT A TORT CLAIM AGAINST THE UNITED STATES IS "FOREVER BARRED," UNLESS SUIT IS COMMENCED, OR UNLESS PRESENTED IN WRITING TO THE APPROPRIATE AGENCY, WITHIN TWO YEARS AFTER SUCH CLAIM ACCRUES.
SINCE MR. BERRY'S CLAIM ACCRUED ON APRIL 13, 1959, AND MORE THAN TWO YEARS HAVE ELAPSED, THESE PROVISIONS PRECLUDE THE GRANTING OF ANY RELIEF TO HIM EVEN IF OTHERWISE APPROPRIATE.