Motta v. United States, No. 12-14338 (11th Cir. 2013)Annotate this Case
Plaintiff appealed the district court's dismissal of her Federal Tort Claims Act (FTCA), 28 U.S.C. 2671 et seq., claim. The district court dismissed the case for lack of subject matter jurisdiction because the complaint was filed after the FTCA's two year statute of limitations had expired. The court concluded that plaintiff's claim was not constructively filed in time. Further, without intentional concealment of the appropriate agency or other circumstances that made obtaining the required information truly out of plaintiff's control, there could be no equitable tolling of the statute of limitations. Accordingly, the court affirmed the judgment.