United States District Court, E.D. Michigan, Southern Division
NORMA J. KRUEGER and MARVIN KRUEGER, Plaintiff,
UNITED STATES OF AMERICA, Defendant.
MEMORANDUM AND ORDER GRANTING DEFENDANT'S MOTION
TO DISMISS COUNT II OF THE COMPLAINT (Doc. 3)
COHN UNITED STATES DISTRICT JUDGE
a case under the Federal Tort Claims Act, 28 U.S.C. §
2671 (FTCA). Plaintiffs Norma Krueger and her husband, Marvin
Krueger are suing defendant United States of America (the
government) regarding a car accident with a postal truck. The
complaint is in two counts:
Count I - negligence
Count II - loss of consortium
the Court is the government's motion to dismiss count II
on the grounds that it is time-barred. For the reasons that
follow, the motion will be granted.
J. Krueger and Marvin Krueger were involved in a car accident
on October 30, 2013.
claim that a United States Postal Service employee, acting in
the course of employment, negligently caused the accident,
injuring Norma Krueger.
Krueger does not assert that he was injured in the auto
accident. Rather, he seeks damages for a loss of
companionship, comfort, aid, support, and participation in
the marital relationship stemming from injuries to his wife.
Krueger presented an administrative claim for his injuries to
the Postal Service on May 29, 2014.
Postal Service denied Plaintiff Marvin Krueger's
administrative claim on December 14, 2015.
filed their complaint ...