Maxson v. U.S. Postal Service

586 F. Supp. 80, 1984 U.S. Dist. LEXIS 16332
CourtDistrict Court, W.D. Michigan
DecidedMay 29, 1984
DocketNo. G82-879
StatusPublished
Cited by1 cases

This text of 586 F. Supp. 80 (Maxson v. U.S. Postal Service) is published on Counsel Stack Legal Research, covering District Court, W.D. Michigan primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Maxson v. U.S. Postal Service, 586 F. Supp. 80, 1984 U.S. Dist. LEXIS 16332 (W.D. Mich. 1984).

Opinion

OPINION

ENSLEN, District Judge.

Harold Maxson (Plaintiff) filed this action pursuant to the Federal Tort Claims Act (the Act), 28 U.S.C. §§ 2671-2680, for personal injury and damage to his motorcycle arising out a collision on August 5, 1981, with a vehicle negligently operated by an employee of Defendant, United States Postal Service, acting within the scope of his employment. On August 31, 1981, Plaintiff submitted a Standard Form 95 (SF 95) claiming $2,150 in property damage and $10,000 for personal injury. Attached to the SF 95 was an addendum drawn up by Plaintiff in which he lists three separate categories of personal injury: personal suffering, inconvenience and loss of opportunity. With respect to the last category, Plaintiff states that he was, at the time of the accident, a tennis player of some skill and had intended to search for a full-time tennis position. Plaintiff was then competing for a ranking in the Western Tennis Association in an attempt to improve his job prospects. The accident precluded his playing for the remainder of the season and dashed all hope for a ranking as well as a job as a tennis professional. Plaintiff estimates that injury may have cost him $20,000 in income that he expected to generate from his tennis ability-1

In the instant case, Plaintiff seeks to claim damages in excess of the amount listed on his SF 95. Defendant apparently does not contest liability but argues that Plaintiff’s damages should be limited to the $12,150 which he claimed on the SF 95. In response, Plaintiff contends that the Government was apprised of his claim for [82]*82the loss of wages by the addendum attached to this form. Plaintiff also argues that he filed this document before he became fully aware of his injury and should be allowed to increase his request for relief so that it is commensurate with the extent of that injury.2 As a general rule, the Act limits the claimant’s ad damnum clause to the amount of the claim presented to the federal agency. However, the Act makes an exception for those instances where an increased claim is “based upon newly discovered evidence not reasonably discoverable at the time of presenting the claim to the federal agency” or “proof of intervening facts, relating to the amount of the claim.” 28 U.S.C. § 2675(b).

The basic purpose of the Act is, of course, to force the United States to bear liability for the injuries caused by the negligence of its employees acting within the scope of their employment to the same extent that private individuals would be liable under state law. Odin v. United States, 656 F.2d 798 (C.A.D.C.1981). In 1966, Congress amended the Act to make resort to a procedure for administrative settlement of claims a prerequisite for filing suit. Pub.L. No. 89-506, 80 Stat. 306 (1966). The so-called exhaustion requirement is set forth at 28 U.S.C. § 2675(a) which provides:

An action shall not be instituted upon a claim upon the United States for money damages for injury or loss of property or personal injury ... unless the claimant shall have first presented the claim to the appropriate federal agency and his claim shall have been finally denied by the agency in writing and sent by certified or registered mail. The failure of an agency to make final disposition of the claim within six months after it is filed shall, at the option of the claimant anytime thereafter, be deemed a final denial of the claim for purposes of this section.

The purpose of this amendment was to provide more equitable treatment of claims and to ease court congestion by avoiding unnecessary litigation. S.Rep. No. 1327, 89th Cong., 2d Sess. 2 (1966), U.S.Code Cong. & Admin.News 1966, 2515-16. This administrative procedure is jurisdictional; thus, federal district courts have no jurisdiction unless the claimant complies with the procedure. House v. Mine Safety Appliances Co., 573 F.2d 609 (CA. 9) cert. den., 439 U.S. 862, 99 S.Ct. 182, 58 L.Ed.2d 171 (1978). Executive Jet Aviation, Inc. v. United States, 507 F.2d 508 (CA. 6 1974); Bialowis v. United States, 443 F.2d 1047 (CA. 3 1971).

The claimant is required to present his claim in writing to the appropriate federal agency within two years after the claim accrues. 28 U.S.C. § 2401(b). A lawsuit may be instituted after the agency denies the claim in writing or fails to make final disposition within six months after submission. 28 U.S.C. § 2675(a). It is unclear whether the Postal Service rejected the claim or Plaintiff filed suit as a result of its failure to respond. At any rate, the Government does not now contend that this suit is barred by the statute of limitations.

The parties disagree on the issue whether the damages in the addendum to Plaintiff’s SF 95 for lost wages may be considered as a “claim”. 39 CFR § 912.5 sets forth the definition of a “claim” for purposes of the Act:

For purposes of this part, a claim shall be deemed to have been presented when the U.S. Postal Service receives from a claimant, his duly authorized agent or legal representative, an executed Standard Form 95, Claim for Damage or Injury, or other written notification of an incident, accompanied by a claim for money damages in a sum certain for injury to or loss of property, personal injury, or death alleged to have occurred by reason of the incident.

The SF 95 is clearly not the single means for presenting a claim against the Government. The courts have liberally construed [83]*83this requirement so long as the claimant’s submissions claim a specific amount in damages. See, e.g., Molinar v. United States, 515 F.2d 246 (C.A. 5 1975) (letter from claimant’s attorney enclosing medical bills and car repair estimates in the amount of $1,462.50 constituted a claim for a sum certain); Williams v. United States, 693 F.2d 555 (C.A. 5 1982) (an SF 95 not indicating any amount claimed for compensation of personal injury was sufficiently supplemented by allegations of prior state court complaint to constitute a claim); Little v. United States, 317 F.Supp. 8 (E.D.Pa.1970) (Government not misled by claimant’s failure to list total amount of claim on SF 95 where prior letter contained the entire amount of the claim); Letoski v. United States, 488 F.Supp. 952 (M.D.Pa.1979) (letter containing settlement offer for $4,500 supplemented an SF 95 containing no claim for a specific amount for personal injury or total claim so as to constitute a sum certain).

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Production Credit Ass'n v. United States
646 F. Supp. 197 (W.D. Michigan, 1986)

Cite This Page — Counsel Stack

Bluebook (online)
586 F. Supp. 80, 1984 U.S. Dist. LEXIS 16332, Counsel Stack Legal Research, https://law.counselstack.com/opinion/maxson-v-us-postal-service-miwd-1984.