2008 Decisions

Opinions of the United

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Precedential or Non-Precedential: Non-Precedential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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Recommended Citation

"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NOT PRECEDENTIAL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)

 
2

 

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
3

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.