Hlavac v. United States, 72 C 1593.
| Decision Date | 09 November 1972 |
| Docket Number | No. 72 C 1593.,72 C 1593. |
| Citation | 356 F. Supp. 1274 |
| Parties | Virginia HLAVAC, Plaintiff, v. UNITED STATES of America, Defendant. |
| Court | U.S. District Court — Northern District of Illinois |
Francis A. Fanelli, Melrose Park, Ill., for plaintiff.
Mike Berman, Asst. U. S. Atty., Chicago, Ill., for defendant.
Motion To Dismiss
This suit arises out of an automobile accident which occurred on May 14, 1970 between plaintiff Hlavac and Emmett O'Neil who was at the time driving a U. S. Post Office truck. The action was originally filed in the Circuit Court of Cook County (No. 72 M 40282) against O'Neil and the United States and was subsequently removed to this Court where defendant O'Neil was dismissed from the suit.
The Government seeks to have this suit dismissed on the grounds that plaintiff failed to conform with the requirements of 28 U.S.C. § 2675(a) in filing an administrative claim which is a prerequisite to a suit in this Court. Title 28 U.S.C. § 2675(a) provides:
"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 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 Government argues that no such administrative claim was filed, that consequently suit in this Court is jurisdictionally impermissible, and that as a result plaintiff is forever barred from bringing this action since the 28 U.S.C. § 2401(b) two year statute of limitations for administrative claims has run.
Plaintiff contends that she did file an administrative claim on July 6, 1970 and that the United States Postal Service failed to act upon it and that she is therefore statutorily permitted to file this suit.
There is no doubt that plaintiff did "submit" a Form 95 "Claim For Damage Or Injury" and the Government concedes as much. But the question remains whether the submission of the form constituted a "filing" of a claim as required by 28 U.S.C. § 2675(a).
The Government by affidavit of Clemens V. Carlson, Superintedent of Mails at the La Grange, Illinois Post Office indicates that upon receipt of bills for medical treatment and vehicle damages from Mrs. Hlavac he forwarded two copies of the Standard Form 95 Claim For Damage Or Injury. The form was returned by Mrs. Hlavac incomplete in that a sum certain was not set out for personal injury in Item 8, a total amount was not stated in Item 8 and the claim was not dated. Superintendent Carlson further states that he returned the form with a note attached which read:
In conclusion Carlson states that he never received a completed form from Mrs. Hlavac.
We must therefore determine whether a proper claim based on the above facts was ever filed.
It is clear that as a sovereign the United States is immune from suit and that its consent to be sued in certain instances can be conditioned upon conformity to various procedural requirements. United States v. Sherwood, 312 U.S. 584, 61 S.Ct. 767, 85 L.Ed. 1058 (1941).
The 28 U.S.C. § 2675(a) prerequisite of the filing of an administrative claim and the denial of such claim before a suit such as this becomes jurisdictionally ripe for this Court is a valid condition that cannot be waived. Bialowas v. United States, 443 F.2d 1047 (3rd Cir. 1971); Driggers v. United States, 309 F.Supp. 1377 (D.C.1970). Likewise the requirements for a valid claim—that the claim must be in writing and that a sum certain must be set out —as indicated in 14 CFR § 14.2 are not unreasonable conditions. Bialowas, supra; Driggers, supra; Jordan v. United States, 333 F.Supp. 987 (D.C.1971).
Bialowas, Driggers, and Jordan all involved various degrees of incompleted forms and in each case the Court granted the Government's motion to dismiss on the grounds that the incompleted forms, including the...
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Frey v. Woodard
...States, 333 F.Supp. 987 (E.D.Pa.1971), aff'd, 474 F.2d 1340 (3d Cir. 1973) (failure to specify amount of claim), Hlavac v. United States, 356 F.Supp. 1274 (N.D.Ill. 1972) (failure to date and specify amount of claim), Turtzo v. United States, 347 F.Supp. 336 (E.D.Pa.1972) (failure to specif......
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Blue v. United States, Civ. No. B-78-210.
...987 (E.D.Pa.1971), aff'd without opinion, 474 F.2d 1340 (3rd Cir.1973); Cooper v. U.S., 498 F.Supp. 116 (W.D.N.Y. 1980); Hlavac v. U.S., 356 F.Supp. 1274 (N.D.Ill.1972). However, given the particular facts of this case, to grant the government's motion to dismiss on the sole ground that thi......
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Young v. United States, Civ. A. No. 1161.
...States, 463 F.2d 1177 (7th Cir.); Cambridge Forest Apartments, Inc. v. United States, 307 F.Supp. 1191 (N.D., Ga.); Hlavac v. United States, 356 F.Supp. 1274 (N.D., Ill.); Robinson v. United States Navy, 342 F.Supp. 381 (E.D., Pa.); Gunstream v. United States, D.C., 307 F. Supp. 366; Jordan......
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Koziol v. United States, 79 C 4669.
...had invariably claimed that amount for each of the initial claims resulting from a common mine disaster. Accord, Hlavac v. United States, 356 F.Supp. 1274 (N.D.Ill.1972). Similarly, the failure to submit medical exhibits defeated plaintiff's claim in Kornbluth v. Savannah, 398 F.Supp. 1266 ......