Consuelo Kelly-Leppert v. United States ( 2019 )


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  •                  United States Court of Appeals
    For the Eighth Circuit
    ___________________________
    No. 18-3525
    ___________________________
    Consuelo E. Kelly-Leppert,
    lllllllllllllllllllllPlaintiff - Appellant,
    v.
    United States of America,
    lllllllllllllllllllllDefendant - Appellee.
    ____________
    Appeal from United States District Court
    for the Western District of Missouri - Kansas City
    ____________
    Submitted: December 3, 2019
    Filed: December 10, 2019
    [Unpublished]
    ____________
    Before COLLOTON, BENTON, and GRASZ, Circuit Judges.
    ____________
    PER CURIAM.
    Consuelo Kelly-Leppert appeals the district court’s1 adverse grant of summary
    judgment, based on its finding that her Federal Tort Claims Act action was time-
    1
    The Honorable Beth Phillips, Chief Judge, United States District Court for the
    Western District of Missouri.
    barred. Upon de novo review, see Marsh v. Phelps Cty., 
    902 F.3d 745
    , 751 (8th Cir.
    2018), we affirm. We agree that Kelly-Leppert’s cause of action accrued prior to
    2014, as she had her husband’s death certificate and medical records by 2012, and
    that her administrative claim filed in 2016 was untimely, even if she filed this civil
    action within 6 months of the denial of that claim. See United States v. Kubrick, 
    444 U.S. 111
    , 123 (1979); Sconiers v. United States, 
    896 F.3d 595
    , 598-99 (3d Cir. 2018).
    We also agree that Kelly-Leppert adduced no evidence showing fraudulent
    concealment or incapacity to justify equitable tolling. See Jessie v. Potter, 
    516 F.3d 709
    , 715 (8th Cir. 2008); Wehrman v. United States, 
    830 F.2d 1480
    , 1483 (8th Cir.
    1987).
    The judgment is affirmed. See 8th Cir. R. 47B. Kelly-Leppert’s pending
    motions are denied.
    ______________________________
    -2-
    

Document Info

Docket Number: 18-3525

Filed Date: 12/10/2019

Precedential Status: Non-Precedential

Modified Date: 12/10/2019