WHITE-SQUIRE v. U.S. POSTAL SERVICE

No. 09-1577.

592 F.3d 453 (2010)

Monica WHITE-SQUIRE; John Squire, Appellants v. UNITED STATES POSTAL SERVICE.

United States Court of Appeals, Third Circuit.

Filed: January 27, 2010.


Attorney(s) appearing for the Case

John G. Mennie, Richard Schibell, Schibell Mennie & Kentos, Ocean, NJ, for Appellants.

Mark C. Orlowski, Office of United States Attorney, Trenton, NJ, for Appellee.

Before: SCIRICA, Chief Judge, BARRY, and SMITH, Circuit Judges.


OPINION

SMITH, Circuit Judge.

This appeal requires us to determine whether a claimant under the Federal Tort Claims Act, whose damages continue to accrue, must nevertheless submit a claim to the appropriate agency containing a "sum certain" for damages prior to filing suit. Because the sum certain requirement is jurisdictional, we answer this question in the affirmative.

I.

On July 17, 2006, a United States Postal Service ("USPS") vehicle...

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