Josephine Ianni, Individually and as the Next Friend of George Ianni v. United States of America and Winston Alan Bailey

This action was filed in the district court under the Federal Tort Claims Act to recover for personal injuries and expenses allegedly resulting from a collision of vehicles. The district court dismissed the complaint on the ground that it was not filed within the 2-year period of limitations provided by 28 U.S.C. Sec. 2401(b). An implementing regulation provides that such a claim, required by the said statute to be filed within the 2-year period, must be in writing and must be for a sum certain.

The present claim arose from an accident involving a mail truck on August 17, 1968. The appellants’…