Lillian Staple v. United States of America, Southern California Rapid Transit District, Pedro Luis Perez and Deborah Ann Lambert

Lillian Staple filed this tort suit in state court against an individual employee of the federal government. The Attorney General removed it to federal court and substituted the United States as defendant pursuant to the Federal Drivers Act, 28 U.S.C. § 2679 (b)-(e) (“Drivers Act”). We must first decide whether the action was properly dismissed in federal court on the ground that Staple filed it in state court before exhausting her federal administrative remedy. We must -then determine whether the suit is time-barred because removal occurred after the statute of limitations for actions against the United States had run. We answer both questions in favor of federal jurisdiction and reverse.

FACTS AND PROCEDURAL BACKGROUND

This case arises out of a traffic accident on May 19, 1980, involving, among others, Staple and United States Postal Service (“USPS”) employee Russell Lowrey. Staple pursued her claim against Lowrey in three ways. First, she filed a tort action on July 22, 1980, in Los Angeles County Superior Court, naming the USPS and Lowrey as defendants. Second, she filed an administrative claim with the USPS on October 9, 1980, which was denied on January 9, 1981. Third, she…