Booth v. United States, No. 16-17084 (9th Cir. 2019)Annotate this Case
The Ninth Circuit affirmed the district court's grant of summary judgment in an action under the Federal Tort Claims Act (FTCA), alleging that a United States agency caused the death of plaintiff's father while plaintiff was a minor. The panel held that the Supreme Court's decision in United States v. Wong, 135 S. Ct. 1625 (2015), did not suggest, let alone hold, that minority tolling applied to the FTCA. The panel also held that minority tolling was a separate statutory matter from equitable tolling of FTCA. In this case, plaintiff's father died in a car accident on an Arizona highway just before plaintiff's tenth birthday. Plaintiff was fifteen years old when his mother filed an administrative claim and sixteen years old at the time she filed the lawsuit. The panel held that plaintiff's claims were time-barred.