DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
202697P.pdf 06/30/2021 Cassondra King v. United States
U.S. Court of Appeals Case No: 20-2697
U.S. District Court for the Eastern District of Missouri - St. Louis
[PUBLISHED] [Kelly, Author, with Grasz and Kobes, Circuit Judges]
Civil case - Federal Tort Claims Act. Department of Justice regulations
specifically contemplate Ms. Mullen, the personal representative of the
deceased's estate appointed under Missouri law, may present an
administrative wrongful death claim even it she is not authorized to bring
an FTCA claim in that same capacity; given the plain reading of the FTCA
and the corresponding regulations, Ms. Mullen, as the personal
representative, had the requisite authority to present a wrongful death
claim to the VA, and plaintiff King's FTCA claim was administratively
exhausted by the denial of Ms. Mullen's claim; as a result, the district
court had subject matter jurisdiction over King's FTCA action, and erred
in dismissing the case; remanded for further proceedings.