REO v. U.S. POSTAL SERVICE

No. 96-5051.

98 F.3d 73 (1996)

Sharon A. REO, v. UNITED STATES POSTAL SERVICE; United States of America; Patricia D'Esposito. UNITED STATES of America, Defendant/Third-Party Plaintiff, v. Joseph J. REO, Jr.; Marjorie Reo; Third-Party Defendants, v. STATE FARM INSURANCE COMPANY, Fourth-Party Defendant, Sharon Reo, Appellant.

United States Court of Appeals, Third Circuit.

Decided October 15, 1996.


Attorney(s) appearing for the Case

Steven L. Kessel (argued), Drazin & Warshaw, Red Bank, NJ, John Jay Mangini, Riverview Square Professional Bldg., Brielle, NJ, for Sharon Reo, Appellant.

William G. Cole (argued), Frank W. Hunger, Assistant Attorney General, Faith S. Hochberg, United States Attorney, Appellate Staff Civil Division, Department of Justice, Washington, DC, for United States of America.

James S. Braaten,Lomell, Muccifori, Adler, Ravaschiere, Amabile & Pehlivanian, Toms River, NJ, for Joseph J. Reo, Jr. and Marjorie Reo.

Before BECKER and MANSMANN, Circuit Judges, and SCHWARZER, District Judge.


OPINION OF THE COURT

SCHWARZER, District Judge:

The question before us is whether the acceptance by a minor's parents of an administrative settlement of the minor's claim under the Federal Tort Claims Act ("FTCA") releases the United States from further liability where the settlement was not judicially approved as required by state law.

PROCEDURAL HISTORY

On May 23, 1975, plaintiff Sharon Reo was playing in the front yard at the New Jersey...

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