Tucker v. U.S. Postal Service

• Decision Date: 12 April 1982
• Docket Number: No. 81-2677,81-2677
• Citation: 676 F.2d 954
• Parties: Mary E. TUCKER, Appellant, v. UNITED STATES POSTAL SERVICE.
• Court: U.S. Court of Appeals — Third Circuit

Page 954

676 F.2d 954

Mary E. TUCKER, Appellant, v. UNITED STATES POSTAL SERVICE.

No. 81-2677.

United States Court of Appeals, Third Circuit.

Argued March 29, 1982.

Decided April 12, 1982.

Kingsley A. Jarvis (argued), Norristown, Pa., for appellant.

Peter F. Vaira, Jr., U. S. Atty., Walter S. Batty, Jr., Asst. U. S. Atty., Chief, Appellate Section, Richard J. Stout (argued), Asst. U. S. Atty., Philadelphia, Pa., for appellee.

Before GIBBONS, SLOVITER and BECKER, Circuit Judges.

OPINION OF THE COURT

GIBBONS, Circuit Judge.

Mary E. Tucker appeals from an order dismissing with prejudice her complaint against the United States Postal Service. The complaint seeks damages for personal injuries received in a motor vehicle accident on June 8, 1979. The Government moves to dismiss for lack of jurisdiction on the ground that plaintiff had failed to file a properly supported administrative claim. The trial court granted the motion without opinion. We reverse.

I.

Shortly after the June 8, 1979 collision with a vehicle owned by the Postal Service, Mrs. Tucker's attorney wrote to the Postmaster of the Norristown, Pennsylvania Post Office putting the Service on notice that she was claiming damages, and requesting the appropriate claim forms. A standard Form 95 was returned, and by letter dated October 23, 1980 her attorney returned the completed forms. That form contains 21 questions, each of which was answered fully, including the amounts claimed for personal injury and property damage, the description of the accident, the names and addresses of witnesses, and the nature and extent of injury.

According to the instructions printed on the reverse side of Form 95, the government requires copies of medical reports from a claimant's physician detailing her injury, treatment, prognosis and expenses. (Instructions, Section (a)). These reports were not forwarded with the Form.

On November 13, 1980 Gale M. Nester, a Postal Service inspector, wrote to Mrs. Tucker's attorney, acknowledging receipt of the claim form. His letter advised:

Please note that the instructions on the back of Standard Form 95 require itemized bills in support of both injury and damage claims.

The letter did not suggest that the itemized bills were a prerequisite to filing Form 95, or that the Form was in any way defective insofar as Mrs. Tucker's claim was concerned. It did, however, make reference to a possible subrogation claim by New Jersey Mfg. Insurance Company, the insurer of Mrs. Tucker's automobile. The Postal Service investigator noted:

In addition, it is stated on that claim that New Jersey Mfg., Insurance Company paid the claimant $314.69 for automobile damage, and also paid medical bills through April 8, 1980. If this is the case, New Jersey Mfg. Insurance Company should claim the amount they paid, and claimant Mary E. Tucker should claim the balance. Otherwise, the Postal Service will require the insurance company to sign a subrogation receipt (copy enclosed), giving authorization to pay the total amount to the claimant.

Extra claim forms are enclosed. Properly executed forms should be forwarded to this office for processing.

In context, it seems plain that the extra claim forms referred to in the last paragraph of the letter were intended for use by New Jersey Mfg. Insurance Company if it intended to assert a subrogation claim for the property damage and no fault medical payments it had made. The letter makes no suggestion that the Form 95 filed on Mrs. Tucker's behalf is defective.

In support of a motion to dismiss the government filed the affidavit of inspector Nester, which acknowledged receipt of Form 95 on October 29, 1980. The affidavit makes no reference to any defect in the Form, but alleges:

On November 13, 1980 I sent (Mrs. Tucker's attorney) a letter stating that itemized bills must be submitted to support injury and damage claims and pointed out that he failed to do so. I have never received the required support documentations and consequently, never had a chance to effectively evaluate Mrs. Tucker's claim.

Thus the sole basis on which the trial court could have acted in dismissing the complaint as time barred was the failure to forward itemized bills as requested in Inspector Nester's November 13, 1980 letter.

II.

The governing law is found in three interrelated statutory provisions and several regulations dealing with claims under the Federal Tort Claims Act. The governing statute of limitations provides:

(a) Every civil action commenced against the United States shall be barred unless the complaint is filed within six years after the right of action first accrues....

(b) A tort claim against the United States shall be forever barred unless it is presented in writing to the appropriate Federal agency within two years after such claim accrues or unless action is begun within six months after the date of mailing, by certified or registered mail, of notice of final denial of the claim by the agency to which it was presented.

28 U.S.C. § 2401 (Supp.1981). Thus the critical event for satisfying the statute of limitations is presentation of a claim in writing to the appropriate agency within two years of the accident. There is, however, a requirement that the agency be given an opportunity to consider the claim, for 28 U.S.C. § 2675(a) (Supp.1981), provides:

An action shall not be instituted ... 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 a claim within six months after it is filed shall, at the option of the claimant any time thereafter, be deemed a final denial of the claim for purposes of this section....

The purpose of requiring initial filing of the claim with the appropriate Federal agency is to permit that agency to exercise the authority conferred in 28 U.S.C. § 2672 (Supp.1981):

The head of each Federal agency or his designee, in accordance with regulation prescribed by the Attorney General, may consider, ascertain, adjust, determine, compromise, and settle any claim for money damages against the United States.... Provided, That any award, compromise, or settlement in excess of $25,000 shall be effected only with the prior written approval of the Attorney General or his designee.

Acting pursuant to the rulemaking authority conferred in 28 U.S.C. § 2672 the Attorney General has promulgated regulations governing administrative claims adjustment, among them 28 C.F.R. § 14.2(a) (1980):

For purposes of the provisions of section 2672 of Title 28, United States Code, 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 sum certain for injury to or loss of property, personal injury, or death alleged to have occurred by reason of the incident.

The Form 95 filed on Mrs. Tucker's behalf fully complies with 28 C.F.R. § 14.2(a). The regulations also provide for amendment of filed claims, and for the extension of the six month period for agency consideration fixed by 28 U.S.C. § 2675(a) in the event of amendment. 28 C.F.R. § 14.2(c) (1980). Internal limitations on government settlement authority are detailed as well. 28 C.F.R. §§ 14.5-14.8 (1980). Immediately relevant are the regulations dealing with evidence and information which the claimant may be required to submit.

In support of a claim for personal injury, including pain and suffering, the claimant may be required to submit the following evidence or information....

28 C.F.R. § 14.4(b) (1980) (emphasis supplied). The information which may be required from a personal injury claimant is set forth in the margin. ¹ There are similar provisions dealing with death and property damage claims. 28 C.F.R. § 14.4(a), (c) (1980). Even a cursory examination of the designated information discloses that some of it may not even be available at the time the Form 95 must be filed. Plainly the purpose of the regulation is to afford to the agency, or to the Department of Justice if the claim exceeds $25,000, information required for an intelligent evaluation of the settlement potential of the claim. That the information designated in 28 C.F.R. § 14.4 is intended for this purpose, and not as a prerequisite to the satisfaction of the timely filing requirement of 28 U.S.C. § 2401(b), is confirmed by the permissive language "may be required to submit."

In Adams v. United States, 615 F.2d 284 (5th Cir. 1980) a Form 95 was, as here, completed and filed in compliance with 28 C.F.R. § 14.2 by the claimants in a medical malpractice action for prenatal care by Air Force physicians. The claims officer requested additional information including "itemized bills and expenses, a statement of future expenses and a signed medical authorization." Six months after the claim was filed the plaintiffs filed suit. The district court dismissed the complaint for lack of jurisdiction because the claimants had not fully complied with the regulations by furnishing the requested information. In an informative opinion the Court of Appeals reversed. The issues in Adams v. United States and in this case are identical, and since Judge Vance's analysis of the governing statutes and regulations can hardly be improved upon, we quote it.

III.

The argument of the Air Force fails for two reasons. First, it erroneously assumes that the notice requirements of 28 U.S.C. § 2675 must be read in light of the settlement procedures established by 28 C.F.R. §§ 14.1-14.11, which were promulgated pursuant to section 2672. Such a reading clearly contravenes congressional intent. The question whether a plaintiff has presented the requisite section 2675 notice is determined without reference to whether that plain...