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Date: 03-16-2022
Case Style:
Case Number: 1:20-cv-00261-TH
Judge: Thad Heartfield
Court: United States District Court for the Eastern District of Texas (Jefferson County)
Plaintiff's Attorney: Bryan Terrell
Defendant's Attorney: Andrea Hedrick Parker
Description: Beaumont, Texas personal injury car wreck lawyer represented Plaintiff, who sued Defendant United States of America on a Federal Tort Claims Act auto negligence theory claiming to have suffered $625,000 in damages and/or injuries as a direct result of a motor vehicle accident caused by a United States Postal Service employee.
28 U.S.C. 2671, et seq. provide:
The head of each Federal agency or his designee, in accordance with regulations prescribed by the Attorney General, may consider, ascertain, adjust, determine, compromise, and settle any claim for money damages against the United States for injury or loss of property or personal injury or death caused by the negligent or wrongful act or omission of any employee of the agency while acting within the scope of his office or employment, under circumstances where the United States, if a private person, would be liable to the claimant in accordance with the law of the place where the act or omission occurred: Provided, That any award, compromise, or settlement in excess of $25,000 shall be effected only with the prior written approval of the Attorney General or his designee. Notwithstanding the proviso contained in the preceding sentence, any award, compromise, or settlement may be effected without the prior written approval of the Attorney General or his or her designee, to the extent that the Attorney General delegates to the head of the agency the authority to make such award, compromise, or settlement. Such delegations may not exceed the authority delegated by the Attorney General to the United States attorneys to settle claims for money damages against the United States. Each Federal agency may use arbitration, or other alternative means of dispute resolution under the provisions of subchapter IV of chapter 5 of title 5, to settle any tort claim against the United States, to the extent of the agency’s authority to award, compromise, or settle such claim without the prior written approval of the Attorney General or his or her designee.
Subject to the provisions of this title relating to civil actions on tort claims against the United States, any such award, compromise, settlement, or determination shall be final and conclusive on all officers of the Government, except when procured by means of fraud.
Any award, compromise, or settlement in an amount of $2,500 or less made pursuant to this section shall be paid by the head of the Federal agency concerned out of appropriations available to that agency. Payment of any award, compromise, or settlement in an amount in excess of $2,500 made pursuant to this section or made by the Attorney General in any amount pursuant to section 2677 of this title shall be paid in a manner similar to judgments and compromises in like causes and appropriations or funds available for the payment of such judgments and compromises are hereby made available for the payment of awards, compromises, or settlements under this chapter.
The acceptance by the claimant of any such award, compromise, or settlement shall be final and conclusive on the claimant, and shall constitute a complete release of any claim against the United States and against the employee of the government whose act or omission gave rise to the claim, by reason of the same subject matter.
Outcome: 03/11/2022 43 FINDINGS OF FACT AND CONCLUSIONS OF LAW. Signed by District Judge Thad Heartfield on 3/11/2022. (bjc, ) (Entered: 03/11/2022)
03/11/2022 44 FINAL JUDGMENT that Plaintiff, Joseph M Zachary, recover damages totaling $241,115.41 from Defendant, United States of America, in the amounts categorically set out in the findings of fact and conclusions of law. Ordered that Plaintiff shall recover court costs from the Defendant in accordance with, and to the extent allowed, under Rule 54(d) of the FRCP and 28 USC 1920. Signed by District Judge Thad Heartfield on 3/11/2022. (bjc, ) (Entered: 03/11/2022)
Plaintiff's Experts:
Defendant's Experts:
Comments: