Champagne v. United States

• Decision Date: 20 October 1983
• Docket Number: Civ. A. No. 82-63.
• Citation: 573 F. Supp. 488
• Parties: Dora CHAMPAGNE, widow of/and administrator of the estate of Nathan Champagne v. UNITED STATES of America.
• Court: U.S. District Court — Eastern District of Louisiana

573 F. Supp. 488

Dora CHAMPAGNE, widow of/and administrator of the estate of Nathan Champagne v. UNITED STATES of America.

Civ. A. No. 82-63.

United States District Court, E.D. Louisiana.

October 20, 1983.

COPYRIGHT MATERIAL OMITTED

Ernest V. Richards, IV, Metairie, La., Salvador R. Perricone, Metairie, La., for plaintiff.

Joan Elaine Chauvin, Asst. U.S. Atty., New Orleans, La., for defendant.

McNAMARA, District Judge.

Defendant's Motion to Dismiss for Lack of Subject Matter Jurisdiction and/or for Failure to State a Claim upon which Relief can be Granted came on for hearing on a previous date at which time it was taken under advisement. The various issues raised by this Motion are considered herein.

1. FACTS

This suit results from the alleged negligence of the staff of a Veterans Hospital during Nathan J. Champagne's visits in February and March of 1979, which allegedly caused the death of Nathan in July 1979.

Dora Champagne, Nathan's widow, filed notice of her claim with the local Veterans Administration office. After contact with the Veterans Administration District Counsel, a Standard Form (S.F.) 95 setting forth a wrongful death claim in the amount of $1,000,000 was "presented". On this form, the "name of claimant" was listed as "Dora Rome Champagne and children" with a note to see an attached paper. This addendum listed the names of Dora's children and their ages. Only Dora signed the "signature of claimant" blank on the form.

The V.A. District Counsel requested a clarification of the facts concerning the claim. An amended S.F. 95 and later a letter from Dora's attorney, which further described the claim, were sent to the V.A. District Counsel. A letter acknowledging receipt of the amended S.F. 95 and stating that the investigation was to begin, was received by Dora on March 4, 1981. The claim was denied on July 9, 1981, via a letter which also informed Dora's attorney of the right to sue, what law was applicable, when to sue and who to sue. A suit was filed on January 8, 1982 by Dora on her behalf, on behalf of her husband and her children, Brandi, Sidonia, Shannon, Joshua and John.

It should be noted that Delaney and Chaney were both majors at the time of their father's death. Although they were included in the administrative claim, i.e., on the S.F. 98 addendum, they are not involved in this litigation. The remaining children are a part of this suit.

Sidonia, born September 28, 1961, was a minor when her father died but was age eighteen, the legal age of majority, when the administrative claim was filed.

Shannon, Joshua, John and Brandi were minors at the time of their father's death, at the time the administrative claim was filed and at the time this lawsuit was filed.

Subsequent to the filing of this lawsuit, Dora was formally appointed as administratrix of Nathan's succession (July 27, 1983) and formally appointed natural tutrix of Joshua, John, and Brandi (July 15, 1983). Shannon reached the age of majority within a few months after this lawsuit was filed.

Thus, these children are in three different positions. Dora is now the appointed natural tutrix of Joshua, John and Brandi. These children remain minors. Shannon was a minor at the institution of all proceedings, administrative and judicial, but Dora was never formally appointed her tutrix and she is now a major. Sidonia, though a minor when her father died, was a major when the administrative claim was filed.

2. FEDERAL TORT CLAIMS ACT — ADMINISTRATIVE CLAIM PREREQUISITE

It is settled law that the United States may not be sued without its consent. The Federal Tort Claims Act (FTCA) is a limited waiver of this sovereign immunity. According to this statute, the United States is liable under State law for the negligence or wrongful acts of its employees acting within the scope of their employment.

The presentation of a claim to the appropriate Federal Agency, in writing, within two years after the claim has accrued, is a prerequisite to a suit under the FTCA. 28 U.S.C. 2675(a). A claim is "presented" when the agency receives the notification from the claimant, his agent, or legal representative along with a claim for damages in a sum certain. This presentation requirement of the statute is a jurisdictional prerequisite to a later lawsuit.

28 C.F.R. 14.3(e) states that "a claim presented by an agent or legal representative shall be presented in the name of the claimant, be signed by the agent or legal representative, showing the title or legal capacity of the person signing, and be accompanied by evidence of his authority to present a claim on behalf of the claimant as agent, executor, administrator, parent, guardian, or other representative."

The requirements of the statute and the requirements of the regulations should be distinguished. Apollo v. U.S., 451 F.Supp. 137 (Pa.1978). Although the administrative claim submission requirement is jurisdictional and cannot be waived, the technical and procedural requirements of the regulations are not always strictly enforced.

Regulation 14.3(e) was promulgated pursuant to 28 U.S.C. 2672 which deals with the authority of agencies to settle claims. It is not an interpretation of 28 U.S.C. 2675(a), the jurisdictional section. Therefore, it is not a jurisdictional requirement and literal compliance with regulation 14.3(e) is not necessary for the adequate presentation of a claim under the statute. Graves v. U.S. Coast Guard, 692 F.2d 71 (9th Cir.1982). Citing Avery v. U.S., 680 F.2d 608 (9th Cir.1982).

The statutory requirement of presentation of an administrative claim has a remedial purpose, the fair and equitable treatment of private individuals. The expansion of administrative authority to settle claims was intended to allow potential plaintiffs to avoid the need for "expensive and cumbersome" litigation. Locke v. U.S., 351 F.Supp. 185 (Haw.1972). Due to this policy, when "unusual or extenuating circumstances" exist, technical and literal compliance with the administrative claim requirements may be excused. Forest v. U.S., 539 F.Supp. 171 (Mont.1982).

(A) Shannon, Joshua, John & Brandi

Shannon, Joshua, John and Brandi were minors at the time the administrative claim was filed. Under Louisiana law, Dora was the proper representative of these children.

The purpose behind Louisiana laws dealing with the rights of minors is the conservation of the minors estate. When a father dies, the mother must serve as administratrix of the childrens' estate until she or a third person is appointed tutrix. Until that appointment, the mother, in her capacity as administratrix, may timely file a suit for the benefit of her minor son. Cacibauda v. Gaiennie, 305 So.2d 572 (4th Cir.La.App.1974). Thus, Dora, as administratrix, had authority to bring this administrative claim on behalf of her minor children.

These minor children were listed as complainants on the S.F. 95, but there was no evidence of Dora's authority to present any claim on their behalf in her capacity as a parent, a guardian, or an administratrix. Thus, Regulation 14.3(e) was not strictly followed by Dora.

As mentioned before, the courts do not always require literal compliance with regulations. This is especially true when the rights of minors are involved.

In the Forest case, supra, there was no evidence of the authority of a decedent's sister to act as guardian for his daughter. That court held that the need to protect the rights of minor children presented an extenuating circumstance sufficient to excuse literal compliance with the regulations. As in the instant case, the minor was listed as a claimant and a sum certain was stated.

In the Locke case, supra, a husband brought a wrongful death suit for himself as executor of his wife's estate and as the "next friend" of his three minor daughters. However, in his administrative claim only he was listed as the claimant and only he signed the form submitted. Due to the policy and legislative history of the statute, the court refused to allow the United States to "stand on technicalities" after a claim was filed, especially when childrens' rights were involved and any inequality would result.

That court found that the United States had actual notice of disputed claims since the amount of the claim, $250,000.00, implied more than just a claim for loss of consortium by a husband. The court felt that the United States would have learned of the others involved in the claim had it tried to settle with Mr. Locke. Yet, two years passed without any such attempt. The court also criticized the preferred official form for its "most fleeting reference to actions based upon death", its lack of any reference to dependents, and its general brevity.

Despite the fact that the childrens' names were not listed on the administrative claim submitted, the Locke court found that the submitted claim provided notice and named a figure that might form the basis for settlement negotiations and that this fulfilled the statutory requirements.

Defendant cites the case of Caidin v. United States, 564 F.2d 284 (9th Cir.1977) which involved a class action for property damage resulting from violations of banking laws. The claimant presented no evidence of authority to sue on behalf of the class.

The facts in this case are easily distinguishable from those of the instant case. Additionally, there was no policy favoring minor children involved in the Caidin matter. The Caidin court correctly referred to the policy of facilitating settlement behind the administrative claim requirement. The purpose of the regulation requiring evidence of authority was so as not to impede negotiations in settlement. In the instant case, this policy was not deterred. The government was clearly aware of the claims of the children.

In the instant case, the children were listed as complainants in the administrative claim filed although they did not sign the form. Their mother, also a claimant, signed the form. A later letter from...