Federal
A.
Kokaras and
a dismissal of their
Torts Claims
matter jurisdiction
Act
because of
This is an
appeal by
Diane
Kokaras,
(FTCA) for
the failure
lack
of subject
to file
a sum-
and damage
to their
when it
was
filed
Postmaster at the
Hampshire.
Dollars),"
On
the
a Standard
line
10,
figure
entitled
$2,906.61
entitled,
"Total,"
"Signature of
(SF) 95
Form
with
of
was inserted
B, entitled,
Claim (in
in
box
Claimant," was
blank.1
Line 15,
signed only by
A,
"Personal
was left
the
in Hampton, New
"Amount
in box
On June 2,
Box C
entitled,
Peter Kokaras.
retained Attorney
____________________
1Box C, entitled, "Wrongful death" was also left blank.
It
appears
that
plaintiffs
submitted
property
damage
documentation
and some medical
documentation with the
original form.
-2-
28 U.S.C.
for filing a
2401(b).
the
95 was
filed within
the two-year
into discussions,
agents
of
plaintiffs'
the
Attorney
claim.
fruitful.
period.
Service
The
in
settlement
Cirome entered
an
effort
to
settle
negotiations were
not
During the
plaintiffs along
concerning
with
medical diagnoses
plaintiffs' injuries.
Based
and prognoses
on the
record, it
counsel
was
obtained by
suit was
1990, on the
denied
ground that
plaintiffs,2
it was invalid,
on
United States
28 U.S.C.
plaintiffs' claim
and
2671-2680.
on August
stating that
2,
"it
weeks
prior
plaintiffs' claim,
to
the
Postal
Service's
had filed a
on the
denial
of
motion to
The
motion
a timely-
____________________
2Attorney David C. Engel
appeal.
action
against the
United
States.3
The
district
The district
held
that the
administrative
completed the
claim stated
In that
sum
of
Id. at 486.
___
section 10D,
qualification.
Plaintiff had
by writing
Id.
___
in the
at 485.
We
sum and meets the sum certain requirement in all respects but
for
concern
over
the
possible
detraction
of
improper
____________________
3The Federal Code of Regulations provides in pertinent part:
14.2
Administrative
claim;
when
14.2
Administrative
claim;
when
presented.
presented.
(a) For purposes of the provisions of
28 U.S.C. 2401(b), 2672, and 2675, a claim
shall be deemed to have been presented when a
Federal agency receives from a claimant, his
duly
authorized
agent
or
legal
representative, an executed Standard Form 95
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; .
. . .
28 C.F.R.
14.2 (1991) (emphasis added).
-4-
surplusage of
this insubstantial
not to strike
Id. at 587.
___
variety, we see
no reason
claim itself."
before us
Nowhere
on form
injuries stated.
that
any
SF
is not
one of
95 is
a sum
Moreover, we
documentation
"disorganized and
of
however,
"bureaucratic overkill."
certain for
the personal
confusing."
injury submitted
Some of the
was
bills submitted
payments.
an
-5-
Although
negotiations
ensued
between
plaintiffs'
attorney
and
agents of
evidence in the
the
Postal
record that
Service,
a sum certain
was ever
presented.
claims
Postal Service
the
claims
stated
Moreover,
Dumont represented to
occasion, including on
plaintiffs'
no
the
May 5, 1989, at
the
there is
had
which
been
satisfactorily
were
satisfactorily
presented.
More
the accident
submitted
happened
on May
8,
1987, any
bills
court
presented claim
court to
United
has
stating a
consistently held
sum
have jurisdiction to
States under the FTCA.
949 F.2d at
485-86;
certain is
timely-
necessary for
entertain a suit
against the
Gonzalez-Bernal
_______________
-6-
that
v. United States,
_____________
907
F.2d
1990); Lopez v.
_____
Cir. 1992);
Adkins v.
______
F.2d 1324,
1325
(11th Cir. 1990); Montoya v. United States, 841 F.2d 102, 105
_______
_____________
(5th
919 (D.C.
268,
Cir. 1987);
v. United States,
_____________
Erxleben v.
________
F.2d
635, 638 (9th Cir. 1974); Bialowas v. United States, 443 F.2d
________
_____________
1047, 1049 (3rd Cir. 1971).
The Fifth Circuit has
constitutes
the statement of a
the total
requirement.
F.2d 246,
bills
sum certain.
249 (5th Cir.
submitted
to what
In Molinar v.
_______
1975), it
fulfilled the
held
sum-certain
________
558
(5th Cir.
damages
1982), it
as set forth in
_____________
held that
the itemized
claim for
complaint would be
anywhere
requirement.
plaintiffs
near meeting
The
personal
the
sum-certain jurisdictional
injuries
claims submitted
by
-7-
did
not present
a claim
containing a
statement of a sum certain of the damages
sought,
which
would
have allowed
the
government to make even a reasonable estimate
of the value of [his] claim, until after the
limitations period had run.
953 F.2d
have
at 1234.
We
jurisdiction
to
entertain
injury claims.
the
plaintiffs'
personal
It does
not necessarily
damage
claim.
property
damage
claim
We
is
their
damage claim.
SF 95,
believe
$2,906.61
in
the
Accompanying the
set
box
stated,
company
which
sufficient
for
the
purposes
to assess
plaintiffs
prior to the
plaintiffs'
that
plaintiffs
time they
forth
the
originally filed
specific
"Property
sum
of
Damage."
it included
made
and
entitled,
SF 95 was a
the
that the
severable
At the
plaintiffs
however, that
follow,
the
name and
estimate.
of
This
address
of the
information
was
Unlike
the
investigation.
plaintiffs' property
filed their SF 95
form.
claim from
Moreover,
the date
we note that
of its opinion,
the
from
$500,000
to
the
-8-
amount
set
forth
in
the
administrative
admission by
claim
of
$2,906.61."
the government
This
was a
tacit
damage claim
claim.
claim that
government's investigatory
Corte-Real.
__________
for the
where the
Indeed,
in
Our decision in
is flawed,
that we criticized
we hold that
plaintiffs are
-9-