Rabovsky v. United States

RULING ON MOTION TO REDUCE AMOUNT OF AD DAMNUM

ZAMPANO, District Judge.

The government moves to reduce the ad damnum in this complaint under the Tort Claims Act from $2,500.00 to $25.00. It relies on 28 U.S.C. § 2675(b) which provides in pertinent part:

“ * * * Action under this section shall not be instituted for any sum in excess of the amount of the claim presented to the federal agency, except where the increased amount is based upon newly discovered evidence not reasonably discoverable at the time of presenting the claim to the federal agency, or upon allegation and proof of intervening…