Negersmith v. United States

Background

Michael Negersmith brought a personal-injury action against the United States under the Federal Tort Claims Act, alleging that a United States Postal Service vehicle struck the motorcycle he was riding on May 27, 2021. He alleged injuries including a traumatic brain injury, fractures, a dislocated shoulder, and other injuries.

Before filing the lawsuit, Negersmith submitted an administrative claim to the Postal Service on July 28, 2021. He requested $500,000 for personal injury and $2,500 for motorcycle damage, for a total of $502,500. He later filed this action seeking $5 million.

After the administrative claim, Negersmith received additional medical evaluations and diagnoses. He identified seizure disorder, adjustment disorder, major depressive disorder, a stutter, and permanent total disability as conditions or consequences that he claimed were not foreseeable when he filed the administrative claim. He moved for permission under 28 U.S.C. § 2675(b) to seek damages above the amount stated in that claim.

Legal Standard

The Federal Tort Claims Act generally limits the amount that may be sought in court to the amount presented to the relevant federal agency. Section 2675(b) provides an exception when the increased amount is based on newly discovered evidence that could not reasonably have been discovered when the administrative claim was filed, or on intervening facts relating to the amount of the claim. The plaintiff bears the burden of showing that an exception applies.

Court’s Analysis

The court held that Negersmith did not meet that burden. Regarding the seizure disorder, the court noted that Dr. Lydia Shajenko recorded substantially similar symptoms when she evaluated Negersmith on the day he filed his administrative claim and noted that the symptoms could be related to epileptic seizures. She also recommended additional testing, including an MRI and an electroencephalogram. The court concluded that these facts made the later seizure diagnosis foreseeable.

The court likewise found the later diagnoses of adjustment disorder and major depressive disorder foreseeable. It observed that Negersmith had already displayed symptoms such as altered mental status, anxiety, depression, and difficulty sleeping, and that Dr. Shajenko had recommended cognitive behavioral therapy. The court characterized the later diagnoses as confirmatory or cumulative of his condition when he filed the administrative claim.

The court rejected Negersmith’s argument concerning his stutter because it had already found the seizure disorder foreseeable, making a medication side effect related to treatment for that disorder foreseeable as well. The court also found that Negersmith offered no evidence, beyond his own statements, showing that his permanent disability was unforeseeable. The court noted that he had testified that his physical injuries prevented him from returning to his prior work, and the parties did not dispute that those physical injuries were foreseeable when he filed the claim.

The court further concluded that Negersmith had filed his administrative claim prematurely. He was not required to file it when he did, had two years from the date of the accident to submit the claim, and could have pursued additional testing and evaluated his damages before filing. He also did not amend his administrative claim before bringing the lawsuit, including after he had been diagnosed with a seizure disorder and prescribed an anticonvulsant medication.

Disposition

The court denied Negersmith’s motion for leave to seek money damages above the amount stated in his administrative claim. The court instructed the clerk to terminate the motion and scheduled a case-management conference concerning matters including discovery and settlement discussions. This order did not decide whether the United States was liable for the accident or determine the final damages, if any.

Judge

The opinion was signed by Vincent L. Briccetti, United States District Judge.