Cuddy v. United States

OPINION AND ORDER

RUSSELL E. SMITH, District Judge.

Plaintiff was the owner of a D6-C Caterpillar tractor which was destroyed in a forest fire. The United States admitted liability in the amount of $36,253.00, the total amount stated in the administrative claim filed pursuant to the Federal Tort Claims Act. 28 U.S.C. §§ 2671-2680. The United States has moved for a summary judgment as to the balance of the plaintiff’s claim.

The administrative claim, under the heading “Amount of Claim (in dollars),” stated: “36,000.00 Down-time See letter from Bill Cuddy.” The Cuddy letter, which could be…