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PHILADELPHIA---After a mailman left letters, packages and periodicals on Barbara Dolan’s porch instead of in her mailbox, she tripped over it and suffered wrist and back injuries at her home in suburban Philadelphia in 2001.
Dolan, 49, sued USPS under a law known as the Federal Tort Claims Act which makes federal workers liable for injuries they cause through negligence. Dolan’s claim was dismissed in the lower courts, saying it fell under an exemption for claims “arising out of the loss, miscarriage or negligent transmission” of mail.
The government claimed that honoring her claim would open the door to numerous frivolous claims resulting in costly litigation. The U.S. Supreme Court agreed to hear the matter and ruled 7-1 in favor of Dolan, allowing her claim to go forward. The case will go back to a lower court to be heard.
Justice Anthony M. Kennedy wrote for the majority, saying that “the government raises the specter of frivolous slip and fall claims inundating the Postal Service. Slip and fall liability, however….is a risk shared by any business that makes home deliveries”. Kennedy wrote that the exemption cited concerned mail that was lost, late, damaged or delivered to the wrong address. He said the exemption meant that people couldn’t sue for personal or financial damage which might arise from the late delivery of time sensitive materials. He said that Congress didn’t intend to exclude all torts “committed in the court of mail delivery”.
The sole dissenting vote was cast by Clarence Thomas who sided with the Bush administration and Department of Justice lawyers who argued that personal injury lawsuits resulting from mail delivery should be prohibited.
Gerry McKIernan, Postal Service spokesman, said that carriers would receive a “refresher course” on delivery protocol and the Postal Service would review their policies.
http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&vol=000&invol=04-848
2-22-06
© 2005 North
Country Gazette
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