Collins v. General Motors Corp.

101 F.R.D. 1, 37 Fed. R. Serv. 2d 1035, 1982 U.S. Dist. LEXIS 17685
CourtDistrict Court, W.D. Pennsylvania
DecidedNovember 2, 1982
DocketCiv. A. Nos. 82-655, 82-813 and 82-916
StatusPublished
Cited by7 cases

This text of 101 F.R.D. 1 (Collins v. General Motors Corp.) is published on Counsel Stack Legal Research, covering District Court, W.D. Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Collins v. General Motors Corp., 101 F.R.D. 1, 37 Fed. R. Serv. 2d 1035, 1982 U.S. Dist. LEXIS 17685 (W.D. Pa. 1982).

Opinion

MEMORANDUM OPINION

BLOCH, District Judge.

Plaintiffs, John L. Collins and Ruby Collins, filed a federal tort action against the Veterans Administration pursuant to the Federal Tort Claims Act, 28 U.S.C. § 2671 et seq. Plaintiff-husband, a Pennsylvania domiciliary, seeks recovery for personal injury and property damage allegedly sustained as a result of a collision on March 17, 1980, between plaintiffs’ automobile and a vehicle owned by Lombardo Companies, Inc., a Pennsylvania corporation, leased through Avis Rent-A-Car to the Veterans Administration, and operated by a Veterans Administration employee. Plaintiff-wife seeks loss of consortium. The ■ United States, in Civil Action No. 82-916, moves for dismissal of the complaint as to Ruby Collins alleging lack of subject matter jurisdiction because Ruby Collins failed to present her claim to the Veterans Administration as required by 28 U.S.C. § 2675(a). In addition, the government moves for dismissal or, in the alternative, summary judgment on the grounds that (1) plaintiff is not the real party in interest but rather Keystone Insurance Company, plaintiff’s insurer, is; and (2) plaintiff has failed to join parties indispensable to the action, namely Lombardo Companies, Inc., the owner of the van. Having reviewed the bases for said motions, this Court will grant the motion to dismiss Ruby Collins’ complaint without prejudice and deny the motion to dismiss the complaint of the husband-plaintiff.

I. Motion to Dismiss Complaint of Ruby Collins

As stated, plaintiff John Collins was involved in an accident which allegedly resulted in personal injuries and property damage. On October 15, 1981, John L. Collins submitted an administrative claim on Standard Form 95 to the Veterans Administration. John Collins is listed as the claimant in the appropriate place but Ruby Collins is not listed as a claimant. Furthermore, in the description of the accident, John L. Collins is singularly referred to as the “Claimant,” and the injuries for which compensation is requested do not include a claim for any loss by Ruby Collins. Finally, Ruby Collins’ signature does not appear on the form, and the only reference to her is as the wife of the claimant. Included with this form was a cover letter from plaintiffs’ attorney, Howard M. Louik, which captioned the claim as John L. Collins, et ux. v. Veterans Administration.

On April 23, 1982, the Veterans Administration issued an administrative denial of John Collins’ claim. Following denial of the administrative claim, plaintiffs John L. Collins and Ruby Collins commenced this action pursuant to 28 U.S.C. § 2675(a).

The government argues that this Court has no subject matter jurisdiction with regard to Ruby Collins because she failed to file an administrative claim before instituting a claim for damages as required by the Federal Tort Claims Act, 28 U.S.C. § 2675(a), which provides as follows:

An action shall not be instituted upon a claim against the United States for money damages for injury or loss of property or personal injury or death caused by the negligent or wrongful act or omission of any employee of the Government while acting within the scope of his office or employment, unless the claimant shall [3]*3have presented the claim to the appropriate Federal agency____

Furthermore, the Third Circuit, in Bialo-was v. United States, 443 F.2d 1047, 1048-1049 (3d Cir.1971), concluded that the requirement of “initial presentation of the claim to the appropriate federal agency and a final denial by that agency ... is jurisdictional and cannot be waived.”

In Mudlo v. United States, 423 F.Supp. 1373 (W.D.Pa.1976), the district court granted summary judgment in favor of the government due to plaintiff-wife’s failure to file an administrative claim. In so holding, the district court relied upon Bialowas for the proposition that no exceptions to the requirement of filing a claim are to be implied. See Mudlo, 423 F.Supp., at 1375. See also Commonwealth of Pennsylvania v. National Association of Flood Insurers, 520 F.2d 11, 23 (3d Cir.1975). (“[e]ach claimant must submit an independent and separate claim to the appropriate administrative agency for review and possible settlement.”)

Plaintiffs attempt to distinguish Mudlo factually by claiming that Ruby Collins was properly identified as a claimant through the inclusion of “et ux.” in the cover letter sent by counsel. Plaintiffs contend this was sufficient to put the Veterans Administration on notice that a claim for loss of consortium was being brought by Ruby Collins. However, this caption does not sufficiently serve the requirement and purpose behind having each claimant file his or her own form; namely, to allow the governmental agency to identify each claimant, the sum sought, and the injury claimed. Lunsford v. United States, 570 F.2d 221, 225 (8th Cir.1977).

In the alternative, plaintiffs contend that since plaintiff-husband’s claim was properly submitted and plaintiff-wife’s claim for loss of consortium is derivative of her husband’s action, she need not file a separate claim. Despite the fact that Ruby Collins’ right to compensation for loss of consortium would not exist but for the injuries to John Collins, the law of Pennsylvania confers separate and distinct rights upon husband and wife and requires that they be sued for in separate actions upon which separate verdicts must be returned. Nunamaker, et ux v. New Alexandria Bus Co., 371 Pa. 28, 88 A.2d 697 (1952). Thus, plaintiff Ruby Collins’ failure to file an administrative claim prior to commencing suit divests this Court of jurisdiction under the Federal Tort Claims Act.

II. Motion to Dismiss the Complaint of John Collins

The government filed a second motion to dismiss, alleging that the plaintiff-husband is not the real party in interest because his insurer, Keystone Insurance Company, has paid all or part of his claim. The defendant cites United States v. Aetna Casualty and Surety Co., 338 U.S. 366, 70 S.Ct. 207, 94 L.Ed. 171 (1949), which holds that if an insurer has paid the entire loss, then it is the only real party in interest. However, the Supreme Court noted that if the insurer has only paid a portion of the loss, both insured and insurer are real parties in interest. Id. at 381-382, 70 S.Ct. at 215-216.

When confronted with a motion to dismiss, the Court must construe the allegations of the complaint as true. Scheuer v. Rhodes, 416 U.S. 232, 236, 94 S.Ct. 1683, 1686, 40 L.Ed.2d 90 (1974).

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Bluebook (online)
101 F.R.D. 1, 37 Fed. R. Serv. 2d 1035, 1982 U.S. Dist. LEXIS 17685, Counsel Stack Legal Research, https://law.counselstack.com/opinion/collins-v-general-motors-corp-pawd-1982.