In a Federal Tort Claims Act action against the U.S. based on injuries suffered by plaintiff at a military facility, dismissal of the action as untimely is reversed where the district court did not address whether plaintiff acted in good faith in failing to serve the complaint in a timely fashion.
Argued and Submitted November 4, 2009
Filed December 7, 2009
Opinion by Judge Gould
Melanie A. Andrews, Special Assistant United States Attorney, San Diego, CA