Tami N. Anderson, a Minor by and Through Her Parent and Natural Guardian, Linda Anderson v. United States

Tami Anderson, aged 5, was struck and injured by a United States Postal Service truck on April 1, 1983. On April 20, 1983, attorney Vernon Krol mailed a Claim for Damage, Injury or Death (SF 95) to the Postal Service. The accompanying cover letter states that the SF 95 was executed by Krol as the attorney for Tami Anderson and her parents and further states that Krol represents Max and Linda Anderson as parents and natural guardians of Tami Anderson. The SF 95 lists the claimants as Max and Linda Anderson, individually, and as parents and natural guardians of Tami Anderson. On May 18, 1983 the Postal Service informed Krol that the SF 95 was invalid because the name of the claimant should be Tami Anderson, and Tami’s parents, not Krol, should sign the form. On June 8, 1983 Krol mailed the revised SF 95 which was received by the Postal Service on June 15, 1983.

On December 21, 1983, the Postal Service, in a certified letter to Krol listing Tami Anderson’s name in the upper right-hand corner, denied all liability for the accident and informed Krol that his clients “Max and Linda Anderson” could “file suit against the United States in an appropriate United States District Court not…