Please E-mail suggested additions, comments and/or corrections to Kent@MoreLaw.Com.

Help support the publication of case reports on MoreLaw

Date: 06-03-2022

Case Style:

Thomas Hammond v. United State of America

Case Number: 1:21-cv-00686-RP

Judge: Susan Hightower

Court: United States District Court for the Western District of Texas (Travis County)

Plaintiff's Attorney:




Click Here to Watch How To Find A Lawyer by Kent Morlan

Click Here For The Best Austin Personal Injury Lawyer Directory


Defendant's Attorney: United States Attorney’s Office

Description: Austin, Texas personal injury lawyer represented Plaintiff, who sued Defendant United States of America on a Federal Tort Claims Act premises liability theory.


From December 2018 through December 2019, Plaintiff Thomas Hammond was employed as a driver for Contracted Driver Services, Inc. (“CDS”). In July 2019, CDS contracted out Plaintiff's services to EVO Transportation and Energy Services, Inc. (“EVO Transportation”), a nationwide transportation provider for the United States Postal Service (“USPS”). Plaintiff alleges that on December 24, 2019, he was unloading mail at a USPS facility when “a defective loading ramp at
the Premises dropped onto his left foot, ” causing him serious personal injuries. Plaintiff's Original Complaint, Dkt. 1 ¶ 14.

On August 5, 2021, Plaintiff filed this negligence action under the Federal Torts Claim Act (“FTCA”) against the United States of America, the USPS, CDS, and EVO Transportation. Plaintiff's Original Complaint, Dkt. 1. On November 3, 2021, Plaintiff filed his First Amended Complaint, adding gross negligence and premises liability claims.[1] Subsequently, Plaintiff voluntarily dismissed Defendant CDS.

Defendant EVO Transportation has made no appearance and failed to plead, respond, or otherwise defend. On December 3, 2021, the Clerk entered a default judgment against EVO Transportation pursuant to Federal Rule of Civil Procedure 55(a). Dkt. 21.

Outcome: Motion for default judgment denied.

Plaintiff's Experts:

Defendant's Experts:

Comments:



Find a Lawyer

Subject:
City:
State:
 

Find a Case

Subject:
County:
State: