Landmark Publications
Published: 2019-01-11
Total Pages: 524
Get eBook
THIS CASEBOOK contains a selection of U. S. Court of Appeals decisions that analyze, interpret and apply provisions of the Federal Tort Claims Act. * * * "As a sovereign, the United States is immune from suit unless it consents to be sued." White-Squire v. U.S. Postal Serv., 592 F.3d 453, 456 (3d Cir. 2010). The FTCA is "a limited waiver of the sovereign immunity of the United States," Miller v. Phila. Geriatric Ctr., 463 F.3d 266, 270 (3d Cir. 2006), that provides that: The United States shall be liable, respecting the provisions of this title relating to tort claims, in the same manner and to the same extent as a private individual under like circumstances, but shall not be liable for interest prior to judgment or for punitive damages. * * *28 U.S.C. § 2674; see also Gotha v. United States, 115 F.3d 176, 179 (3d Cir. 1997) ("The Federal Torts [sic] Claims Act is a partial abrogation of the federal government's sovereign immunity that permits suits for torts against the United States.")."To make a claim under the FTCA, a claimant first must file her claim with the administrative agency allegedly responsible for her injuries." Santos ex rel. Beato v. United States, 559 F.3d 189, 193 (3d Cir. 2009). The statute provides: An action shall not be instituted upon a claim against the United States for money damages for injury or loss of property or personal injury or death caused by the negligent or wrongful act or omission of any employee of the Government while acting within the scope of his office or employment, unless the claimant shall have first presented the claim to the appropriate Federal agency and his claim shall have been finally denied by the agency in writing and sent by certified or registered mail. Sconiers v. US, 896 F. 3d 595 (3rd Cir. 2018)
