C.B.S. v. United States

Background

C.B.S. and Stephanie Smith were injured on June 19, 2018, when their vehicle was struck from behind by a United States Postal Service truck on Minnesota State Highway 100. Traffic had stopped after a van ahead of them dropped an improperly secured ladder onto the highway. The Postal Service truck, driven by David Jerome Lodermeier while acting within the scope of his employment, could not stop before hitting the Smiths’ vehicle.

The plaintiffs sued the United States under the Federal Tort Claims Act, which allows certain lawsuits against the federal government for negligent acts by federal employees. The court held a bench trial, meaning the judge—not a jury—decided the facts and law.

Negligence and fault

Applying Minnesota law, the court found that Lodermeier owed the plaintiffs a duty to use the care of a reasonably prudent person in the emergency circumstances. The court found that he breached that duty by following too closely, particularly because the Postal Service truck required more distance to stop than a car. The court also found that his conduct was a substantial factor in causing the collision.

The court separately found that the van driver breached the duty of reasonable care by failing to secure the ladder. Because the ladder caused traffic to stop abruptly, the court found that the van driver’s conduct was also a substantial factor in causing the plaintiffs’ injuries. The court assigned 35% of the fault to Lodermeier and 65% to the van driver. Because Lodermeier was acting within the scope of his federal employment, the United States was responsible for his share of the damages. Under Minnesota’s comparative-fault rules, the United States was liable for only 35% of the plaintiffs’ total damages.

C.B.S.’s damages

The court awarded C.B.S. $21,283.69 for past medical expenses. It reduced the requested amount because some balance-related treatment occurred after C.B.S. had reported that his balance problems had resolved. The court also awarded $57 for blue-light therapy, $542 for endocrine testing, and $63,960 for lifelong vision care.

The court awarded $10,000 for past pain and suffering and $20,000 for future pain and suffering. It denied requested damages for future Botox injections, future vestibular therapy, and a lifelong gym membership because those expenses were not shown to be reasonably certain. It also denied damages for loss of future earning capacity because the plaintiffs did not prove that C.B.S.’s earning capacity had been diminished.

C.B.S.’s total damages were $115,842.69. After applying the 35% allocation, the United States was liable to C.B.S. for $40,544.94.

Stephanie Smith’s damages

The court awarded Stephanie Smith $4,000 for the total loss of her Toyota Prius and $22,893.21 for past medical expenses. It excluded $307 in expenses related to obstructive sleep apnea because the plaintiffs did not prove that the accident caused that condition.

For future medical care, the court awarded $34,440 for vision care and $2,458 for physical therapy. It also awarded $11,611 for individual counseling and $11,752 for couples counseling. The court denied requested damages for stimulant medication, future speech therapy, a gym membership, tinnitus treatment and hearing-device replacement, and a psychiatric evaluation because those expenses were not shown to be definite and likely future costs.

The court awarded $10,000 for past pain and suffering and $20,000 for future pain and suffering. It awarded $74,440.45 in lost wages, but limited the award through December 2019 because the court found that Stephanie could reasonably have sought recommended treatment that might have allowed her to return to work sooner. The court denied damages for loss of future earning capacity because the plaintiffs did not provide sufficient proof that her future earning capacity would be reduced.

Stephanie’s total damages were $191,594.66. After applying the 35% allocation, the United States was liable to her for $67,058.13.

Order and disposition

The court entered judgment for the plaintiffs for a total of $107,603.10, consisting of $40,544.94 for C.B.S. and $67,058.13 for Stephanie Smith. The court also denied as moot the United States’ motion in limine—a motion to limit or exclude evidence—as to Joint Exhibits 35, 95, 96, and 100.