Defendant's Attorney: Carly Iris Weinreb

Description: White Plains, New York personal injury lawyer represented the Plaintiff who sued the Defendant on a Federal Tort Claims Act auto negligence theory un 28 U.S.C. 2401.

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.

Outcome: STIPULATION AND ORDER OF SETTLEMENT AND DISMISSAL: IT IS HEREBY STIPULATED AND AGREED, by and between Plaintiff Tova Stein ("Plaintiff Tova Stein"), and Defendant United States of America ("Defendant"), as follows: 1. Plaintiff Tova Stein and Defendant agree to settle and compromise this action on the terms indicated below. 2. This action is hereby dismissed with prejudice and without costs, interest, disbursements or fees as against all parties, other than as set forth herein. 3. Defendant will pay to Plaintiff Tova Stein the sum of $27,500 (the "Tova Stein Settlement Amount"). The Tova Stein Settlement Amount is inclusive of all costs or attorney's fees of any kind, in accordance with 28 U.S.C. § 2678, and any and all liens and fees are to be satisfied out of the Tova Stein Settlement Amount. Pursuant to 28 U.S.C. § 2678, the counsel for Plaintiff Tova Stein may not charge, demand, receive or collect for services rendered fees amounting to greater than 25% of the Tova Stein Settlement Amount after reimbursement of case disbursements. As further set forth in this order. This stipulation and order shall be effective if and when approved by the Court and docketed, and if not so approved shall be null and void, with no force or effect. SO ORDERED. (Signed by Magistrate Judge Victoria Reznik on 12/14/2023) (ks) (Entered: 12/14/2023)

Plaintiff's Experts:

Defendant's Experts:

Comments: