Stephen Barnhart v. United States

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• noting that the FTCA’s statute of limitations would not be tolled “[w]here the plaintiff was a minor whose parents had a duty to take the initiative in instituting a legal action”
• noting that the FTCA’s statute of limitations would not be tolled “[w]here the plaintiff was a minor whose parents had a duty to take the initiative in instituting a legal action”
• “[T]he issue under the discovery rule is not capability to bring a lawsuit, but rather capability to discover the cause of injury.”
• in resolving motion to dismiss for lack of subject matter jurisdiction, “an evidentiary hearing may be held if necessary”
• “Where the plaintiff was a minor whose parents had a duty to take the initiative in instituting a legal action, or where a plaintiff has an appointed guardian with a similar duty, the plaintiff’s incapacity would not appear to be similarly critical.”

Source: CourtListener parenthetical corpus (CC0).