Brief Fact Summary. Plaintiff, Morey Greenbaum, brought this action against Defendant, the United States, under the Federal Tort Claims Act (“FTCA”). Defendant challenged the jurisdiction.
Synopsis of Rule of Law. An answer that claims a lack of knowledge or information will not be considered a denial if the party did not exert a reasonable effort to discover the facts.
Issue. The issue is whether the court lacks jurisdiction to hear a dispute about compensation for a federal employee.
Held. The court held that, although a defense of jurisdiction is not waived when it is delayed, this case presented an exceptional problem in the five years-plus delay between the accident and the challenge of jurisdiction. Defendant possessed the information, such as a superintendent’s report documenting that the injury occurred while Plaintiff was picking up his check, but neglected to use a reasonable effort to examine their files. Only after Plaintiff increased his damages amount did they perform a more diligent search. Therefore, Defendant’s prior assertion that they had no knowledge will not act as a should actually act as an admission that Plaintiff was a business invitee.
Moreover, a party may be held to the duty to exert reasonable effort to obtain knowledge of a fact.View Full Point of Law