CALVA-CERQUEIRA V. UNITED STATES 281 F.Supp.2d 279 (2003) CASE BRIEF

CALVA-CERQUEIRA V. UNITED STATES

281 F.Supp.2d 279 (2003)

NATURE OF THE CASE: Calva (P) filed a negligence action against defendant United States pursuant to the Federal Tort Claims Act (FTCA), 28 U.S.C.S. 2671 et seq.

FACTS: There was a collision between a bus owned and operated by the United States (D) and an automobile operated by P. P was driving his car eastbound. The other vehicle involved in the accident was a Smithsonian Institution bus, which was proceeding southbound on South Capitol Street when it collided with P's car. P's car weighed an estimated 3,380 pounds (including occupants), while the Smithsonian bus weighed an estimated 25,950 pounds (including occupants). The bus driver was driving in excess of the applicable 25 mph speed limit when she drove through a red light and into the intersection where she hit the plaintiff's car. P sustained multiple traumas including injuries to the brain, skull and chest and was in a deep coma. About nine months later he began to communicate verbally. The plaintiff has incurred medical bills totaling $899,325.46 as a result of the accident. Expert testimony indicated severe damage to P's cerebellum which has hindered his spatial orientation and equilibrium. The accident caused a tremendous amount of brain injury that has left P severely impaired. The court observed P and watched a short videotape of his home functioning. P was 18-years-old at the time of the accident. P sued D under the Federal Tort Claims Act ('FTCA'), 28 U.S.C. 2671 et seq. The court determined that D was liable for the accident after a three-day bench trial on liability. The court made numerous findings about P and his potential in life. The court found that P is a severely impaired individual who is wheel-chair bound, unable to ambulate, unable to transfer or move unassisted from chair to bed, and dependent on the assistance of others. Having presided over an eight-day trial on P's actual damages and likely future damages, the court now determines a compensatory damages award.

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

Get free access to the entire content for Mac, PC or Online

for 2-3 days and free samples of all kinds of products.

https://bsmsphd.com

© 2007-2016 Abn Study Partner