to read the complaint.

8:13-cv-00006-LSC-FG3 Doc # 1 Filed: 01/07/13 Page 1 of 6 - Page ID # 1
UNITED STATES DISTRICT COURT, DISTRICT OF NEBRASKA
ALEX SCHUTZENHOFER,
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Petitioner,
CASE NO. 8:13-cv-6
)
)
v
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COMPLAINT
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THE UNITED STATES,
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Respondent.
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ORIGINAL COMPLAINT FOR DAMAGES
ERAL TORT C
Alex Schutzenhofer, Petitioner, by and through his attorney, Steve
Delaney, now come before this Court and complain of the United States
Government, as follows:
I.
DICTION VENUE
1. Petitioner at all the times mentioned was and now is a citizen of the
United States, domiciled and residing at
l9I4
Ralston Road,
Plattsmouth, Nebraska, 68048, Cass Count5r, which is in the District of
Nebraska.
2. The claims here are brought against the United States pursuant to the
Federal Tort Claims Act (28 U.S.C.92671, et seq.l artd 28 U.S.C.
SS1346(b)(1), for money damages as compensation for damage of
8:13-cv-00006-LSC-FG3 Doc # 1 Filed: 01/07/13 Page 2 of 6 - Page ID # 2
property that were caused by the negligent and wrongful acts and
omissions of employees of the United States Government while acting
within the scope of their offices and employment, under circumstances
where the United States, if a private person, would be liable to the
Petitioner in accordance \ ¡ith the laws of the State of Nebraska.
3.
The
jurisdiction of this court is based on the Federal Tort Claims Act, 28
U.S.C. SS2671 to 2680, and on 28 U.S.C. S1346(b).
4. Venue is proper in that all of the acts and omissions forming the basis of
these claims occurred in the District of Nebraska, specifically Cass
County, Nebraska.
5. In April of 2O L2, Petittoner presented a claim for property damage to the
United States Postal Service, the appropriate federal agency, which
finally denied the claim in writing and sent by certified mail to Petitioner,
therefore Petitioner has fully complied with the provisions of 28 U.S.C.
92675 of the Federal Tort Claims Act.
6. This suit has been timely filed, in that Petitioner timely served notice of
their claim on the United States Postal Service in April, 2OL2. The
United States Postal Service refused to accept legal liability for the
damages and fully denied the claim on
July LO,2Ol2.
8:13-cv-00006-LSC-FG3 Doc # 1 Filed: 01/07/13 Page 3 of 6 - Page ID # 3
il
EVENTS FORMING THE RASTS OF'THE CÏ.AIMS
7.
Alex Schutzenhofer, received a package via the United States Postal
Service on or about April 14,2OL2.
8. On or about April L4, 2OL2, defendant's employee was negligent in that
they negligently placed Petitioner's package between the screen door and
the main door of Petitioner's residence, leaving the screen door propped
open by the package.
9. \Minds were in excess of 30 m.p.h. on April 14,2012 and as a result, the
wind ripped the screen door off of the house.
10.
The claims of Alex Schutzenhofer are based upon the acts and
events set forth below, all of which actions were taken (and events were
caused) by an employee of the United States Government while acting
within the scope of their employment.
a. The conduct and actions giving rise to these claims arose from and
\Mere based Lrpon the negligent actions of a
United States Postal
Service employee on or about April L4,2OI2.
b. The United States Government's employee negligently placed the
package between the main door and the screen door of the
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Petitioner's residence, leaving the screen door propped open in
wind of excess of 30 m.p.h.
c. The screen door was ripped from the house and damaged by the 30
m.p.h. winds, which was proximately caused by the door being left
propped open by the United States Government employee.
ru.
DAMAGES
11.
Petitioner incorporates by reference herein all allegations set forth
above.
12.
As a direct and proxímate result of defendant's employee, Petitioner
has suffered damages to his propert5r, specifically to his screen door of
his residence, for which he seeks full compensation under the law.
V.
PRAYER FOR RELIEF
WHERFORE, the Petitioner is entitled to damages from the United States
and Petitioner demands judgment against defendant, United States of America,
in the sum of $1,80O.00, together with costs of suit, and any other and further
relief as the Court may deem proper.
8:13-cv-00006-LSC-FG3 Doc # 1 Filed: 01/07/13 Page 5 of 6 - Page ID # 5
Dated this
day of Januar5r, 2013.
ALEX SCHUTZENHOFER, Petitioner.
FY
Steven M. Delaney, #L8776
REAGAN, MELTON, & DELANEY, L.L, P
9826 Giles Road, Suite B
La Vista, NE 68128
{4AÊ, 932-9+:e4
(4021932-2050 fax
[email protected]
Attorneg for Petítioner
8:13-cv-00006-LSC-FG3 Doc # 1 Filed: 01/07/13 Page 6 of 6 - Page ID # 6
) SS:
COLINTY OF
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ALEX
being first duly g'fforn on oatho sfates'that he is the
cnntents
Petitioner inthe above-entitled action, that hehas read the Complaint and knows
thereof and that the statements are true
as ho
SUBSCRIBED AND SWORN to be ore rn"
E}¡ERÀI
M.MONR|SON
tn*Éday of
NOTARYPI-IBLIC
20]3-.