Free COMPLAINT - District Court of Delaware - Delaware

Case 1:99-mc-09999

Document 132

Filed 08/15/2008

Page 1 of 3

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELA WARE JOY MARIE BERTRAND, Plaintiff,

C.A.No.

v. UNITED STATES OF AMERICA,
Defendant. COMPLAINT FOR NEGLIGENCE Plaintiff, by and through Plaintiffs attorneys, Barros, McNamara, Malkiewicz & Taylor, P.A., hereby allege as follows: I. That Plaintiffis an adult citizen and resident ofthis judicial district residing at 26163 Kelly

Circle, Seaford, Delaware 19973.
2.

Defendant, United States of America, is a sovereign entity with offices for purposes of

service of process at the United States Attorney General's Office, Room 4400,950 Pennsylvania Avenue, NW, Washington, D.C. 20530-0001 and the United States Attorney's Office for the District of Delaware,

1007 North Orange Street, Suite700, Wilmington, DE 19801. 3.
4.

This action arises under the Federal Tort Claims Act, 28 U.S.c. §§2671-2946.
This Court has jurisdiction over this matter pursuant to 28 U.S.C. § 1346(b)(I), subject

to the provisions of28 U.S.c., §171.

5. America. 6.

The United States Postal Service is an agency of the Defendant, The United States of

Plaintifffiled an Administrative

Claim for civil damages on or about April 30, 2007 in

Case 1:99-mc-09999

Document 132

Filed 08/15/2008

Page 2 of 3

accordance with the provisions of28 U.S.C. §2675 (a). More than six months have elapsed since this claim has been filed and Defendant has failed to make a final disposition of this claim. Therefore, Defendant is deemed to have made a final disposition of theclaim, therebypermitting Plaintiff to institute this action. 7. On May 06, 2005, Plaintiff was operating a motor vehicle southbound on U.S. Route 13,

in Camden, Kent County, Delaware. At the same time, Melvin D. Seelye, Jr., while in the course of
employment with the United States Postal Service (USPS), was operating a USPS vehicle eastbound on Lochrneath Way at its intersection with U.S. Route 13. Defendant's USPS employee, Melvin D. Seelye, Jr., failed to stop or remain stopped at the stop sign, crossed the southbound lanes ofU. S. Route 13 and the intervening space between southbound and northbound U.S. Route 13, entered the northbound lanes ofU. S. Route 13 and collided with Plaintiff's vehicle, causing serious and pennanent injuries to the Plaintiff.

8.

At all times pertinent hereto Melvin D. Seelye, Jr., was employed by and was an agent of

the Defendant through his employment with the United States Postal Service, and was acting within the scope of employment. 9. Pursuant to 28 U.S.C. § I346(b)(l), the United States is liablefor the negligence or

wrongful act or omission of any employee of the Government while acting within the scope of his or her employment, under circumstances where the United States, if a private person, would be liable to the claimant in accordance with the law of the place where the act occurred. 10.
That the Defendant through the negligent acts of its agent, Melvin D. Seelye, Jr., was guilty

of negligence pursuant to Delaware Code as follows: (a)

Defendant operated a motor vehicle on a public highway in a careless and

imprudent manner, in violation of21 Delaware Code § 4176(a);

Case 1:99-mc-09999

Document 132

Filed 08/15/2008

Page 3 of 3

capacity and future medical expenses and loss of earnings. WHEREFORE, the Plaintiff demands judgment against Defendant in the amount of $300,250.00, an amount which will compensate Plaintifffor her property damage and her past, present
and future pain, suffering, disability, medical expenses, future medical expenses, lost earnings, and earning

capacity, plus costs of this action.

BARROS, MCNAMARA, MALKIEWICZ & TAYLOR, PA

BY: /s/ Edward R. McNamara Edward R. McNamara, Esquire, Delaware Bar ID # 348 2 West Loockerman Street P. O. Box 1298 Dover, DE 19903 (302) 734-8400 [email protected] Attorneys for Plaintiff Dated:

~ /./ oY'