Murray v. United States Postal Service, Civ. A. No. 82-0292-C.

• Decision Date: 10 November 1982
• Docket Number: Civ. A. No. 82-0292-C.
• Citation: 550 F. Supp. 1211
• Parties: Nancy A. MURRAY, Plaintiff, v. UNITED STATES POSTAL SERVICE, Defendant.
• Court: U.S. District Court — District of Massachusetts

550 F. Supp. 1211

Nancy A. MURRAY, Plaintiff, v. UNITED STATES POSTAL SERVICE, Defendant.

Civ. A. No. 82-0292-C.

United States District Court, D. Massachusetts.

November 10, 1982.

Anthony V. Quercia, Kirk & Quercia, Boston, Mass., for plaintiff.

Mark E. Robinson, Asst. U.S. Atty., Boston, Mass., for defendant.

MEMORANDUM

CAFFREY, Chief Judge.

This is an action brought under the Federal Tort Claims Act, 28 U.S.C. § 2671 et seq. (F.T.C.A.) in which plaintiff seeks to recover damages for personal injuries allegedly caused by the negligence of a United States Postal Service employee acting within the scope of his employment. 28 U.S.C. § 1346(b).

The incident giving rise to the lawsuit occurred in February, 1980, when a Postal Service vehicle collided with plaintiff's motorcycle throwing plaintiff from her motorcycle and injuring her. Plaintiff filed an administrative claim with the Postal Service and when that claim was denied she instituted suit against the Postal Service in the Federal District Court. Defendant moves for dismissal on grounds that a tort claim against the Postal Service is barred, the exclusive remedy being a suit that specifically names the United States as defendant. Defendant further asserts that plaintiff is barred from amending her complaint at this time to add the United States as defendant. Defendant argues that according to the "relation back" provision of Federal Rule of Civil Procedure 15(c), an amendment changing the party against whom a claim is asserted will relate back to the date of the original pleading only if two requirements are met. That is, if the defendant to be named: 1) will not through ignorance of the suit be prejudiced in defending himself, and; 2) knew or should have known that the action would have been brought against him had there not been a mistake in identity. The United States as the party to be added contends that relation back is not permissible in these circumstances because neither requirement for proper relation back has been met. The United States contends both that it will be prejudiced in defending itself on the merits because it will have lost its statute of limitations defense, and that it neither knew or should have known that it was a party in this lawsuit.

It is well established that federal agencies are not subject to suit in their own name absent congressional authorization. See Shelton v. U.S. Customs Service, 565 F.2d 1140 (9th Cir.1977). In enacting the F.T.C.A. Congress authorized a remedy against the United States exclusively, and not against any of its agencies. Since plaintiff in this case is suing under the F.T.C.A., her exclusive remedy is against the United States. The Court, therefore, should dismiss the action as against the Postal Service.

Plaintiff has moved to amend her complaint at this time to add the United States as defendant. In an ordinary case, a Federal Tort Claims Act Plaintiff who mistakenly sues a federal agency rather than the United States, can avoid dismissal of the action by simply moving to amend the complaint to name the United States as the proper Defendant. Morano v. United States Naval Hospital, 437 F.2d 1009 (3rd Cir.1971). Rule 15(c) of the Federal Rules of Civil Procedure allows such an amendment to relate back to the date of the original pleading as long as the two previously stated conditions are met. The United States may not be prejudiced in defending itself through ignorance of the suit. Secondly, the United States must have known or should have known that the action would have been brought against it had there not been a mistake in identity. As long as the original complaint against the Agency was served on the Agency or the United...