A U.S. Postal Service (USPS) vehicle struck a bicyclist. The bicyclist faxed the USPS his medical records and a signed Standard Form 95, which is the standard form to present claims against the U.S. under the Federal Tort Claims Act (FTCA). The bicyclist addressed the fax to a Louisiana District Tort Claims/Collections Specialist for the USPS and sent it to the correct fax number. The bicyclist received confirmation stating that the fax had been successfully transmitted. One year later, the bicyclist sued the U.S., alleging personal injury and property damage. The U.S. filed a motion to dismiss, arguing that it never received the form or any other form of written notice to satisfy the presentment requirement under the FTCA. The district court reasoned that evidence of a fax confirmation stating successful transmission to the correct party was not probative evidence of presentment and granted the motion to dismiss. The bicyclist appealed.
In Spriggs v. U.S., 132 F.4th 376 (5th Cir. 2025), the Fifth Circuit vacated the district court’s ruling and remanded the case. Under the FTCA, a plaintiff must first present his claim to the appropriate federal agency before filing suit, and presentment occurs only when the agency receives written notice of the claim. Because presentment is a jurisdictional prerequisite to the U.S.’s waiver of sovereign immunity, the requirement is strictly construed, although the presentment requirements of 28 U.S.C. § 2675 are minimal. The Fifth Circuit distinguished between an affidavit by a secretary stating that she sent a signed Standard Form 95 through untraceable first-class mail, and a fax confirmation sheet addressed to the correct fax machine. Specifically, the court observed that a fax confirmation sheet confirmed successful transmission and explained that it served as evidence that the two fax machines conducted an electronic “handshake” and that one machine conveyed the data to the other. Laouini v. CLM Freight Lines, Inc., (7th Cir. 2009). Other courts within the Fifth Circuit have held proof of a successful transmission of a piece of mail to a physical mailing address was probative evidence of an actual receipt. The court ultimately found that a fax confirmation sheet was analogous to USPS tracking because both convey the same information, a record of a successful transmission. The court noted, however, that a fax confirmation to the wrong fax number was not probative evidence of presentment. Therefore, the Fifth Circuit vacated and remanded for further proceedings.
By Deanna Dulske [email protected]
Edited By Olivia Lewis [email protected]
Edited By Callighan Ard [email protected]
Edited By Kristin Meurer [email protected]