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Casey IRACs are produced by an AI that analyzes the opinion’s content to construct its analysis. While we strive for accuracy, the output may not be flawless. For a complete and precise understanding, please refer to the linked opinions above.

Keywords

plaintiffstatutetrialmotionsummary judgmentstatute of limitations
plaintiffmotiondirect evidence

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Crosby v. United States, Not Reported in Fed. Supp., 2021 WL 4805465

Facts

The Plaintiff's survival claim arose after the Decedent was diagnosed with colon cancer and underwent treatment, including chemotherapy and hospitalization, prior to her death on January 25, 2018. The United States argued that the survival claim was filed outside the two-year statutory period, as it was not presented until August 26, 2019. However, the court noted that the Decedent's medical condition may have constituted extraordinary circumstances that could justify equitable tolling of the statute of limitations.

During the period from February 17, 2017 to January 25, 2018, when Decedent died, she received chemotherapy and underwent periods of hospitalization.

Issue

Whether the Plaintiff's survival claim should be equitably tolled due to extraordinary circumstances surrounding the Decedent's medical condition and treatment.

Whether equitable tolling should apply.

Rule

To be entitled to equitable tolling, a plaintiff must demonstrate (1) diligent pursuit of rights and (2) that extraordinary circumstances impeded their ability to file a claim.

In order to be entitled to equitable tolling, Plaintiff must establish 'that [s]he has been pursuing [her] rights diligently, and (2) that some extraordinary circumstance stood in [her] way.'

Analysis

The court analyzed the facts surrounding the Decedent's illness and treatment, noting that her chemotherapy and hospitalizations could be considered extraordinary circumstances that justified equitable tolling. The court also highlighted that the focus for survival claims should be on the Decedent's knowledge and circumstances rather than the Plaintiff's actions.

Given Plaintiff's death, there is no direct evidence regarding any efforts she made to diligently pursue her rights, but the Court can infer that such efforts may have been hampered by her chemotherapy and hospitalizations.

Conclusion

The court concluded that there are factual issues regarding the application of equitable tolling to the Plaintiff's survival claim, and these issues should be resolved at trial rather than through summary judgment.

The Court finds that there are factual issues regarding whether Plaintiff's survival claim should be equitably tolled.

Who won?

The Plaintiff prevailed in this motion as the court denied the United States' motion for partial summary judgment, allowing the survival claim to proceed.

The Court hereby GRANTS USA's letter motion to seal filed at ECF No. 44.

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