Lornell Wiseman v. United States
Opinion
Opinion
Lornell Wiseman presents the single question whether the district court had jurisdiction to hear this Federal Tort Claims Act (FTCA) personal injury action. The district court dismissed with prejudice Wiseman’s claim because the United States Postal Service (the Postal Service), by virtue of issuing a check in the full amount Wiseman entered on a Standard Form 95 (“Claim for Damage, Injury, or Death”) (SF 95), never finally denied her claim. See 28 U.S.C. § 2675 (a). We reverse.
I
On November 2, 1988, Wiseman suffered injuries in an accident with a Postal Service vehicle. On December 30, 1989, Wiseman filed an amended SF 95, on which she listed property damage of $3,900 and personal injury of $5,918.23, a total of $9,818.23. Immediately below the lines on which she listed her damages, the SF 95 contains a preprinted statement in bold capital letters:
Wiseman signed and dated the SF 95 in the space provided immediately below this statement. Wiseman’s amended SF 95 fails to state that the claim is partial or that additional personal injury damage amounts will be forthcoming.
On March 7, 1990, the Postal Service issued a $9,818.23 check to Wiseman in full settlement of her claim.…