Frank J. Ferreira v. United States

This is an action under the Federal Tort Claims Act for money damages against the United States based upon the alleged negligence of various employees of the federal government. Insofar as this appeal is concerned, there is no dispute as to the relevant facts. Appellant alleges he sustained injury on September 18, 1962, when a tractor driven by him went into a hole left by employees of the United States Department of the Interior, Bureau of Reclamation, and threw him to the ground. On September 24, 1962, appellant filed an administrative claim with the Regional Director of the Sacramento Region of the United States Department of the Interior in the amount of $93.50 to recover for personal injuries arising out of the accident of September 18, 1962. The claim contained the following printed statement immediately above appellant’s signature:

On July 11, 1963, appellant’s administrative claim was allowed in full by the agency, but appellant rejected the award and refused to accept payment of the $93.50. Appellant then instituted the present action in the district court on September 18, 1963, alleging serious complications unforeseen at the time of filing the administrative claim and…