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Krueger v. United States

United States District Court, E.D. Michigan, Southern Division

February 8, 2017

NORMA J. KRUEGER and MARVIN KRUEGER, Plaintiff,
v.
UNITED STATES OF AMERICA, Defendant.

          MEMORANDUM AND ORDER GRANTING DEFENDANT'S MOTION TO DISMISS COUNT II OF THE COMPLAINT (Doc. 3) [1]

          AVERN COHN UNITED STATES DISTRICT JUDGE

         I. Introduction

         This is 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

         Before 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.

         II. Background

         Norma J. Krueger and Marvin Krueger were involved in a car accident on October 30, 2013.

         Plaintiffs claim that a United States Postal Service employee, acting in the course of employment, negligently caused the accident, injuring Norma Krueger.

         Marvin 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.

         Marvin Krueger presented an administrative claim for his injuries to the Postal Service on May 29, 2014.

         The Postal Service denied Plaintiff Marvin Krueger's administrative claim on December 14, 2015.

         Plaintiffs filed their complaint ...


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