June 5, 2019 – The Ninth U.S. Circuit Court of Appeals has affirmed the dismissal with prejudice of a woman’s action based on slip-and-fall injuries incurred at a Postal Service office, holding that a court-generated notice of electronic filing sent to the U.S. Attorney’s Office, with a link to the summons and complaint, did not constitute “delivery” of the documents within contemplation of the relevant rule.
According to the Metropolitan News, a three-judge panel on Thursday rejected the appellant’s contention that the “advent of new technology—the court’s new electronic filing system,” calls for a fresh interpretation of a longstanding requirement which came into play in the case.
The appellant brought suit within the six-month limitations period following rejection of her tort claim, but mistakenly sued the Postal Service rather than the U.S. Government. The issue before the Ninth Circuit was whether her second amended complaint naming the government as a defendant, filed after the limitations period expired, related back to the filing of her initial complaint.
