Bruno v. United States Postal Service

Opinions of the United
2008 Decisions States Court of Appeals
for the Third Circuit
2-14-2008
Bruno v. US Postal Ser
Precedential or Non-Precedential: Non-Precedential
Docket No. 07-1647
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"Bruno v. US Postal Ser" (2008). 2008 Decisions. Paper 1598.
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NOT PRECEDENTIAL
IN THE UNITED STATES COURT
OF APPEALS
FOR THE THIRD CIRCUIT
NO. 07-1647
ELIZABETH BRUNO
Appellant
v.
THE UNITED STATES POSTAL SERVICE;
UNITED STATES OF AMERICA
On Appeal From the United States
District Court
For the Eastern District of Pennsylvania
(D.C. Civil Action No. 06-cv-04206)
District Judge: Hon. William H. Yohn, Jr.
Submitted Pursuant to Third Circuit LAR 34.1(a)
February 12, 2008
BEFORE: SLOVITER, SMITH and
STAPLETON, Circuit Judges
(Opinion Filed: February 14, 2008)
OPINION OF THE COURT
STAPLETON, Circuit Judge:
Plaintiff/appellant, Elizabeth Bruno, brought this action under the Federal Tort
Claims Act (“FTCA”) to recover for injuries allegedly suffered on September 18, 2004,
as a result of the negligence of postal employees. The District Court dismissed her suit on
sovereign immunity grounds. We will affirm for the reasons set forth in its opinion.
The FTCA waives the sovereign immunity of the federal government for tort
claims arising from the negligence of its employees action within the scope of their
employment. However, “an initial presentation of the claim to the appropriate federal
agency and a final denial by that agency” are non-waivable jurisdictional prerequisites for
suits brought under the FTCA. 28 U.S.C. § 2675(a); Bialowas v. United States, 443 F.2d
1047, 1049 (3d Cir. 1971). In order to properly present such a claim, a plaintiff must
provide the agency with written notification of the incident involved “accompanied by a
claim for money damages in a sum certain,” known as the “sum requirement.” 39 C.F.R.
§ 912.5(a); Bialowas, 443 F.2d at 1049. The purpose of the “sum requirement” is to
“enable a determination by the head of the federal agency as to whether the claim falls
within the jurisdictional limits of his exclusive authority to process, settle or to properly
adjudicate the claim . . . [and] to set up uniform procedures in the exercise of settlement
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authority.” Bialowas, 443 F.2d at 1050. Thus, a plaintiff must state a “specific sum” or
“information . . . from which a specific amount could be computed.” Bialowas, 443 F.2d
at 1049; see also Hawa Abdi Jama v. INS, 22 F. Supp. 2d 353, 367 (D.N.J. 1998). If a
plaintiff fails to do so, then a district court is deprived of jurisdiction over the FTCA
claim. Bialowas, 443 F.2d at 1049; Tucker v. U.S. Postal Serv., 676 F.2d 954, 959 (3d
Cir. 1982).
On September 27, 2004, Bruno, through counsel, submitted a letter to the United
States Postal Service giving notice that she had suffered injuries as a result of the
negligence of its employees. That letter failed to state, however, a specific sum or
“information . . . from which a specific amount could be computed.” Bialowas, 443 F.2d
at 1049. This deficiency was not cured prior to the filing of this suit.
The order of the District Court will be affirmed.
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