UNITED STATES DISTRICT COURT 

SOUTHERN DISTRICT OF FLORIDA 

MIAMI-DIVISION

CASE NO. ___________________

FREDDIE L. FOSTER

Plaintiff,

vs.

UNITED STATES POSTAL SERVICE,

Defendant.

________________________________/

COMPLAINT

Plaintiff Freddie Foster sues Defendant United States Postal Service, and

alleges:

1. This is an action for damages exceeding $75,000, exclusive of costs and 

interest.

2. Plaintiff Freddie Foster is a Florida citizen and resides in Monroe

County. 

3. Defendant United States Postal Service is a federal agency within the 

meaning of 44 USC §3502 and the APA, 5 U.S.C. § 701. (“USPS”)

4. This cause of action arose in Miami-Dade County as a result of a vehicle 

collision between a USPS truck and Mr. Foster’s car.

5. Plaintiff Freddie Foster filed a claim for injuries under the Federal Tort 

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Claims Act with Defendant on October 7, 2021. The claim was filed with both the 

USPS National Tort Center and the USPS South Florida Tort District Office. The 

USPS acknowledged receiving the claim on October 12, 2021 and represented that it 

was reviewing the claim. 

6. USPS has not made any determination on the claim since that time. 

More than six months have passed since Mr. Foster presented his claim. Under 28 

USC §2675(a), the USPS’s failure to make a final within 6 months is “deemed a final 

denial” and Mr. Foster has the option to sue. Accordingly, Mr. Foster has filed this 

action. 

7. Plaintiff Foster has satisfied all conditions precedent before filing this 

action.

8. On October 14, 2019, a USPS delivery truck flipped a U-Turn on a two 

lane road and failed to see Mr. Foster coming in his car. A violent collision resulted. 

This crash occurred on SW 147th Ave, just south of SW 252nd Street, Miami-Dade. 

9. As a consequence of the crash, Mr. Foster required shoulder surgery, 

has endured multiple herniations to his neck, and had to give us his position as Lead 

Project Manager at the Turkey Point Nuclear Plant. Mr. Foster’s car was a total loss. 

10. At all material times, Defendant USPS’s driver was acting within the 

course and scope of her employ as a USPS mail carrier.

11. At all material times, Defendant USPS, through its employee, had a duty 

to operate the mail truck in in a safe, reasonable, and prudent manner. 

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12. Defendant owed this duty to Mr. Foster.

13. Defendant USPS, through its, employee breached the duty owed to 

Armenteros by committing the following, inter alia, acts and omissions:

(a) Making an improper and unsafe U-Turn.

(b)Failing to yield.

(c) Driving carelessly.

(d)Driving recklessly.

(e) Driving too fast for the conditions. 

(f) Failing to use the proper lane designate.

(g)Violating §316.1515, §316.122, §316.151, §316.1925 (1), §316.192 

(1), §319.189, §316.183 and §316.089 Fla. Stat.

14. As a result of Defendant’s negligence, Mr. Foster suffered bodily injury 

and resulting pain and suffering, disability, disfigurement, mental anguish, loss of 

capacity for the enjoyment of life, aggravation of a pre-existing condition, expense 

of surgery, hospitalization, medical and nursing care and treatment, loss of earnings, 

loss of ability to earn money, a total loss of his car and its use. The losses are either 

permanent or continuing, and Mr. Foster will suffer losses in the future.

WHEREFORE, Plaintiff Foster demands judgment for damages, prejudgment 

interest, costs, attorneys' fees, and such other relief as the Court deems proper, against 

Defendant United States Postal Service, and trial by jury of all issues so triable.

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Dated: September 29, 2022. 

 PITA WEBER DEL PRADO 

Attorneys for Plaintiff

9350 South Dixie Hwy., Ste. 1200

Miami, Florida 33156

Tel: (305) 670-2889

Fax: (305) 670-6666

Service of emails: spita@pwdlawfirm.com

lalvarez@pwdlawfirm.com

By: /S/ H.K. SKIP PITA

H. K. Skip Pita

 FBN 0101974

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