Defendant's Attorney: Mark Osmond

Description: New York City, New York personal injury lawyers represented the Plaintiff who sued the Defendant on a federal tort claims act auto negligence theory.

The Federal Tort Claims Act (FTCA) is a United States law that waives the sovereign immunity of the United States government in certain cases, allowing individuals to sue the government for torts (civil wrongs) committed by its employees acting within the scope of their employment.

Key Points about the FTCA:

Waives sovereign immunity: In general, the U.S. government cannot be sued for its actions without its consent. The FTCA is a limited exception to this rule.
Applies to certain torts: The FTCA only applies to torts that would be actionable if committed by a private person in the same state or territory where the tort occurred. This includes things like car accidents, medical malpractice, and slip-and-fall injuries.
Requires specific conditions: There are several specific conditions that must be met in order to sue the government under the FTCA. These include filing an administrative claim with the government agency involved before filing a lawsuit, and proving that the employee was acting within the scope of their employment.
Does not apply to all cases: The FTCA has a number of exceptions, such as claims arising from discretionary functions, intentional torts, and military activities.

Benefits of the FTCA:

Provides a remedy for victims of government negligence: The FTCA allows individuals who have been harmed by the government's negligence to seek compensation for their injuries.
Promotes accountability: The FTCA helps to ensure that the government is accountable for its actions.
Discourages government negligence: The FTCA may discourage the government from acting negligently by making it liable for the consequences of its actions.

Challenges of the FTCA:

Difficult to prove: It can be difficult to meet the requirements of the FTCA and prove that the government is liable.
Limited remedies: The FTCA only allows for monetary damages. It does not allow for injunctive relief, such as an order to stop the government from taking certain action.
Exceptions: The FTCA has a number of exceptions, which can make it difficult to sue the government in certain cases.

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Outcome: FIRST LETTER addressed to Judge Jennifer L. Rochon from Howard Schatz dated December 14, 2023 re: settlement. Document filed by David J. Doyaga. (Attachments: # 1 Exhibit emails).(Schatz, Howard) (Entered: 12/14/2023)

Plaintiff's Experts:

Defendant's Experts:

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