Collins v. United States, No. 20-2021 (2d Cir. 2021)
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The Second Circuit reversed the district court's dismissal of a Federal Tort Claims Act (FTCA) suit brought by plaintiff after he sustained injuries as a result of being struck by a USPS truck. The court agreed with plaintiff that the district court erred in finding plaintiff's presentment inadequate.
The court concluded that notice required for FTCA presentment must provide a reviewing agency with sufficiently specific information as to the basis of the claim, the nature of claimant's injuries, and the amount of damages sought such that the agency can reasonably understand what it must investigate to determine liability, to value the claim, and to assess the advisability of settlement. The court also concluded that an FTCA claimant can provide the specific information required for presentment by narrative, by evidence, or by other means. Furthermore, an FTCA claimant who provides a sufficiently specific narrative need not also submit substantiating evidence to satisfy presentment. The court explained that, while a failure to present such evidence can support an agency's administrative denial of a claim, it does not deprive a district court of jurisdiction over an FTCA action subsequently filed by the claimant. In this case, plaintiff presented information sufficient to provide such notice. Accordingly, the court remanded with directions to reinstate plaintiff's complaint.
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