This section contains the nature of the case and procedural background.

W claims that she slipped and fell on a defective floor in a Charleston, West Virginia, United States Post Office. W suffered knee and hip injuries. Pursuant to the Federal Tort Claims Act (FTCA), 28 U.S.C. §§ 2671-2680, P sued the United States Postal Service under a negligence theory and submitted her claim for administrative determination. The Postal Service denied her claim. P and H filed the instant action. The complaint re-alleged Mrs. DuPont's negligence claims and also included a claim by H for loss of consortium. The United States filed a motion to dismiss contending that the Court lacks subject matter jurisdiction over H's claim because he failed to submit the claim for administrative determination as required by FTCA § 2675(a). As of September 10, 1997, the Postal Service had yet to receive the requisite administrative claim from H for his loss of consortium action.

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