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Torts
Slip and Fall

James L. Dye v. United States Government

Published: Mar. 16, 2018 | Result Date: Feb. 28, 2018 |

Case number: 16-cv-06882-KAW Bench Decision –  Defense

Judge

Kandis A. Westmore

Court

USDC Northern District of California


Attorneys

Plaintiff

Pro Se


Defendant

Jonathan U. Lee
(Office of the U.S. Attorney)


Facts

James L. Dye sued the United States Government in relation to a slip and fall accident.

Contentions

PLAINTIFF'S CONTENTIONS: Dye alleged that he was injured after he slipped and fell in a federal building. Specifically, Dye contended that the marble floors in the building were wet because of the rain and he slipped and fell after stepping on a gap between rugs that were placed on the floor. As a result, Dye claimed, he suffered injuries to his knees, back, head, and ankle.

DEFENDANTS' CONTENTIONS: The government moved to dismiss arguing that Dye exceeded the requisite statute of limitations period for filing his complaint.

Result

The motion to dismiss was granted with prejudice because Dye failed to present his claim within the requisite statute of limitations period.


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