White-Squire v. U.S. Postal Serv., No. 09-1577

In plaintiff's suit against the USPS arising from an automobile collision with a USPS employee, dismissal of the claim is affirmed as a claimant under the Federal Tort Claims Act, whose damages continue to accrue, must nevertheless submit a claim to the appropriate agency containing a "sum certain" for damages prior to filing suit because the sum certain requirement is jurisdictional.     

Read White-Squire v. U.S. Postal Serv., No. 09-1577

Appellate Information

On Appeal from the United States District Court for the District of New Jersey

Opinion Filed January 27, 2010

Judges

Before:  Scirica, Chief Judge, Barry and  Smith, Circuit Judges

Opinion by Circuit Judge Smith

Counsel:

For Appellant:  John G. Mennie, Richard Schibell, Schibell Mennie & Kentos

For Appellee:   Mark C. Orlowski, Office of the US Attorney