Consuelo Kelly-Leppert v. United States, No. 18-3525 (8th Cir. 2019)
Annotate this CaseCourt Description: Per Curiam - Before Colloton, Benton and Grasz, Circuit Judges] Civil case - Federal Tort Claims Act. The district court did not err in finding plaintiff's FTCA claim was time-barred as her administrative claim was untimely and she failed to establish grounds for equitable tolling.
Download PDF
United States Court of Appeals For the Eighth Circuit ___________________________ No. 18-3525 ___________________________ Consuelo E. Kelly-Leppert, lllllllllllllllllllllPlaintiff - Appellant, v. United States of America, lllllllllllllllllllllDefendant - Appellee. ____________ Appeal from United States District Court for the Western District of Missouri - Kansas City ____________ Submitted: December 3, 2019 Filed: December 10, 2019 [Unpublished] ____________ Before COLLOTON, BENTON, and GRASZ, Circuit Judges. ____________ PER CURIAM. Consuelo Kelly-Leppert appeals the district court’s1 adverse grant of summary judgment, based on its finding that her Federal Tort Claims Act action was time1 The Honorable Beth Phillips, Chief Judge, United States District Court for the Western District of Missouri. barred. Upon de novo review, see Marsh v. Phelps Cty., 902 F.3d 745, 751 (8th Cir. 2018), we affirm. We agree that Kelly-Leppert’s cause of action accrued prior to 2014, as she had her husband’s death certificate and medical records by 2012, and that her administrative claim filed in 2016 was untimely, even if she filed this civil action within 6 months of the denial of that claim. See United States v. Kubrick, 444 U.S. 111, 123 (1979); Sconiers v. United States, 896 F.3d 595, 598-99 (3d Cir. 2018). We also agree that Kelly-Leppert adduced no evidence showing fraudulent concealment or incapacity to justify equitable tolling. See Jessie v. Potter, 516 F.3d 709, 715 (8th Cir. 2008); Wehrman v. United States, 830 F.2d 1480, 1483 (8th Cir. 1987). The judgment is affirmed. See 8th Cir. R. 47B. Kelly-Leppert’s pending motions are denied. ______________________________ -2-
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
