MEMORANDUM AND ORDER
Presently before the court is defendants' motion, in the alternative, to dismiss the complaint, for summary judgment, or to limit the amount of recoverable damages. Also before the court is defendants' motion to stay a scheduled arbitration hearing on this matter. For the reasons stated herein, defendants' motion to dismiss will be granted and the motion for a stay will be denied.
On September 11, 1981, plaintiff was entering a Veterans' Administration Hospital in Philadelphia when he struck his head on an overhead obstruction. The impact caused plaintiff to fall to the ground. Commencing on September 12, 1981, and continuing for a period of time thereafter, plaintiff was treated by two doctors for complaints of neck and back pain and headaches, all resulting from the September 11, 1981 incident.
On March 15, 1983, plaintiff submitted a "Claim for Damage, Injury, or Death" form to the Veterans' Administration describing the accident of September 11, 1981. Plaintiff, however, failed to complete item number ten on the form which was the space where plaintiff was to enter the amount of his claim (in dollars) with regard to property damage, personal injury, wrongful death and the total amount.
In the space reserved for a description of the nature and extent of any personal injury, item number thirteen, plaintiff typed "See attached medical records." The medical records to which this statement referred were two bills from the doctors who had treated plaintiff after his accident. These bills listed the tests performed and the fees for services rendered. The two bills totalled $1,420.00.
On March 22, 1983, the Veterans' Administration requested further data from plaintiff in order to locate records of the incident or medical records for plaintiff at the hospital. On April 12, 1983, having by then located the relevant medical records, the Veterans' Administration again requested information relating to the September 11, 1981 accident in order to investigate the claim.
On September 9, 1983, plaintiff filed the complaint in this case under the Federal Tort Claims Act against defendants seeking "damages [for his injuries] in an amount less than $50,000.00, together with interest and costs."
The Federal Tort Claims Act specifically requires initial presentation of a claim to the appropriate federal agency and a final denial by that agency as a prerequisite to suit under the Act. Bialowas v. United States, 443 F.2d 1047 (3d Cir. 1971), 28 U.S.C. § 2675(a) (Supp. 1982).
The claim must be presented to the agency within two years of the incident or is forever barred. 28 U.S.C. § 2401 (Supp. 1982).
A claim is properly presented to an agency when it complies with the requirements of 28 C.F.R. § 14.2. See Bialowas, supra. Section 14.2 provides:
For purposes of the provisions of section 2672 of Title 28, a claim shall be deemed to have been presented when a federal agency receives from a claimant, his duly authorized agent or representative, an executed Standard Form 95 or other written notification of an incident, accompanied by a claim for money damages in a sum certain for . . . personal injury . . . alleged to have occurred by reason of the incident. . . . (Emphasis added)