Ianni v. United States

This action was filed in the district court under the Federal Tort Claims Act to recover for personal injuries and expenses
allegedly resulting from a collision of vehicles. The district court dismissed the complaint on the ground that it was not
filed within the 2-year period of limitations provided by 28 U.S.C. Sec. 2401(b). An implementing regulation provides that
such a claim, required by the said statute to be filed within the 2-year period, must be in writing and must be for a sum
certain. The present claim arose from an accident involving a mail truck on August 17, 1968. The appellants' attorney sent the government
a letter in March 1969, stating that he had been retained and that he claimed an attorney's lien. He did not demand a sum
certain. It is asserted that the attorney later sent medical bills and reports within the 2-year period but the district court
found, after an evidentiary hearing, that this assertion was not supported by the evidence. As no claim in the form required
by the statute and regulation had been presented within the 2-year period, the district court dismissed the action. The only
issue before the district judge was one involving credibility with respect to the mailing of an appropriate claim within the
prescribed period. The district judge's finding on this issue is not clearly erroneous.