Go Load Trucking v. U.S. Postal Service

Filing 8

MEMORANDUM OPINION AND ORDER by Judge John G. Heyburn, II granting 6 Motion to Dismiss complaint with prejudice. cc:counsel (MLG)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF KENTUCKY
AT LOUISVILLE
CIVIL ACTION NO. 3:12-CV-00864-H
GO LOAD TRUCKING

PLAINTIFF

v.
U.S. POSTAL SERVICE

DEFENDANT

MEMORANDUM OPINION AND ORDER
Plaintiff, Go Load Trucking, has filed suit against the United States Postal Service for
misdelivery of a certified mailing with restricted delivery. The Postal Service has moved to
dismiss. The Court has reviewed the motion and response and finds the result to be quite
straightforward.
There are two reasons why this case must be dismissed. First, though the Federal Torts
Claims Act (“FTCA”) waives sovereign immunity in most tort cases, it does not do so in cases
arising from the loss, miscarriage or negligent transmission of letters. 28 U.S.C. § 2680(b);
Dolan v. United States Postal Service, 546 U.S. 481, 485-86 (2006). Second, even if Plaintiff
could bring suit under the FTCA, that act requires the filing of an administrative claim. Failure
to do so bars any lawsuit under the FTCA. 28 U.S.C. § 2675(a); McNeil v. United States, 508
U.S. 106, 113 (1993). For all these reasons, the Court concludes that dismissal is appropriate.
Being otherwise sufficiently advised,
IT IS HEREBY ORDERED that Defendants’ motion to dismiss is SUSTAINED and the
complaint is DISMISSED WITH PREJUDICE.

This is a final order.

May 22, 2013

cc:

Counsel of Record