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Date: 10-25-2022
Case Style:
Case Number: 3:21-cv-50097
Judge: Iain D. Johnston
Court: United States District Court for the Northern District of Illinois (Winnebago County)
Plaintiff's Attorney:
Defendant's Attorney: Monica V. Mallory
Description: Rockford, Illinois personal injury car wreck lawyer represented Plaintiff, who sued Defendant on a Federal Tort Claims Act negligence theory claiming to have suffered injuries and/or damages as a direct result of an motor vehicle accident caused by a federal government employee.
This case was filed in the Circuit Court of McHenry County, Illinois, 19LA000238, and was removed to federal court by the government's lawyers.
28 U.S.C. 2674 provides:
The United States shall be liable, respecting the provisions of this title relating to tort claims, in the same manner and to the same extent as a private individual under like circumstances, but shall not be liable for interest prior to judgment or for punitive damages.
If, however, in any case wherein death was caused, the law of the place where the act or omission complained of occurred provides, or has been construed to provide, for damages only punitive in nature, the United States shall be liable for actual or compensatory damages, measured by the pecuniary injuries resulting from such death to the persons respectively, for whose benefit the action was brought, in lieu thereof.
With respect to any claim under this chapter, the United States shall be entitled to assert any defense based upon judicial or legislative immunity which otherwise would have been available to the employee of the United States whose act or omission gave rise to the claim, as well as any other defenses to which the United States is entitled.
With respect to any claim to which this section applies, the Tennessee Valley Authority shall be entitled to assert any defense which otherwise would have been available to the employee based upon judicial or legislative immunity, which otherwise would have been available to the employee of the Tennessee Valley Authority whose act or omission gave rise to the claim as well as any other defenses to which the Tennessee Valley Authority is entitled under this chapter.
Outcome: MINUTE entry before the Honorable Iain D. Johnston: Consistent with the parties Stipulation for Compromise Settlement 65 , this case is dismissed with prejudice with each side to bear its own costs and fees. Civil case terminated. (yxp, ) (Entered: 10/25/2022)
Plaintiff's Experts:
Defendant's Experts:
Comments: