MEMORANDUM AND ORDER
HIGGINBOTHAM, District Judge.
The government has moved to reduce the ad damnum in this complaint under the Federal Tort Claims Act, 28 U.S.C. §§ 2671-2680, from the total amount of $11,000 claimed by the plaintiffs to $1391. Though this issue is not without difficulty, I find that the more persuasive authorities, when applied to the unique facts of the case, preclude the government from the relief requested.
On January 5, 1968, the wife-plaintiff slipped on a portion of the pavement surrounding the United States Post Office for Torresdale, Pennsylvania, and allegedly sustained serious injuries to her head and back. In a letter dated October 29, 1968, plaintiffs' attorney listed a total of $1391.67 in medical bills (with copies enclosed) and demanded $8500 in settlement of plaintiffs' entire claim. (Plaintiffs' Brief, Exhibit "A".) In a letter dated October 30, 1968, a Postal Inspector acknowledged receipt of the letter of October 29, 1968, and forwarded a copy of a Standard Form 95. (Plaintiffs' Brief, Exhibit "B".) On November 8, 1968, counsel for plaintiffs filed with the Post Office Department a claim for $1391 on this Standard Form 95, which had been signed by the plaintiffs and dated November 4, 1968. (Government's Brief, Exhibit "A".) This Standard Form 95 provides that the claimant agrees to accept the claimed amount stated therein. "* * * in full satisfaction and final settlement of this claim." In a letter dated February 13, 1969, the General Counsel of the Post Office denied any liability (Plaintiffs' Brief, Exhibit "D") and on April 25, 1969, plaintiffs' complaint was filed.
Both the plaintiffs and the government rely on Title 28 U.S.C. § 2675(b) which provides as follows:
"* * * 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 facts, relating to the amount of the claim."