Lockhart v. United States

After a federal employee injured plaintiff in a car accident, plaintiff filed suit against the United States under the Federal Tort Claims Act (FTCA), 28 U.S.C. 1346(b)(1). The district court found the government 100% at fault, but 20% liable for plaintiff's injury. Under Carlson v. K-Mart Corp., the Missouri standard of an award for “directly caused or directly contributed to cause” means that the jury can determine that damages suffered solely due to a pre-existing condition were “neither caused nor contributed to by” a collision. Based on the evidence here, the district court found the collision contributed to only 20% of plaintiff's need for shoulder surgery. Plaintiff's own orthopedic surgeon opined that imaging indicated advanced degeneration that developed over time and did not result from the traumatic injury - even if the collision triggered symptoms in the left shoulder. Therefore, the court concluded that the district court did not err in concluding that, under Missouri law, it could find 80% of the damages attributable to an unrelated pre-existing condition and 20% of the damages attributable to the aggravation caused by the collision. Finally, the court rejected plaintiff's arguments that the district court erred in reducing by 80% both the medical expense and pain and suffering awards. Accordingly, the court affirmed the judgment. View "Lockhart v. United States" on Justia Law