Negligence – FTCA – Motor vehicle accident

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Where a vehicle owned by the United States and driven by a government employee struck a vehicle driven by the plaintiff, a $450,000 judgment should enter in the plaintiff’s favor, as the employee breached his duty of care by taking his attention off the road in the moments leading up to the collision.

“This case arises out of a motor vehicle accident that occurred on January 16, 2020, when a vehicle owned by the United States and driven by a government employee, struck the driver’s side of a vehicle driven by Margaret Cahillane (‘Plaintiff’), as she was making a left turn. Plaintiff suffered significant injuries in the collision, and she brings a negligence claim against the United States of America (‘Defendant’) under the Federal Tort Claims Act (‘FTCA’), 28 U.S.C. §2671 et seq. This court held a bench trial over several days between May 5, 2025 and July 17, 2025. …

“… As the court explained on the record, Plaintiff proved, by a preponderance of the evidence, that Defendant was negligent. Specifically, the government employee owed Plaintiff a duty of care while operating a government-issued vehicle in a public way. He breached that duty by taking his attention off the road in the moments leading up to the collision, despite his familiarity with the road and location of the condominium complex into which Plaintiff was turning when he struck her vehicle. The court also found Defendant had not shown by a preponderance of the evidence that any action or inaction on the part of Plaintiff, such as a delay before commencing her turn, contributed to the collision. Defendant conceded that causation was clearly established as to the injuries to Plaintiff’s left fibula, left shoulder, and left bicep. The parties agree that Plaintiff incurred $79,741.10 in reasonable and necessary medical expenses for those injuries. The court took the issues of causation of Plaintiff’s injuries to her neck, back, hip, left knee, and right shoulder and emotional distress under advisement. …

“Having fully considered the injuries caused by the accident and their impact on Plaintiff, the court awards Plaintiff $450,000. This figure includes Plaintiff’s medical expenses of $79,741.10, incurred to treat the injuries to her left fibula, left shoulder, and left bicep, and the additional amount of medical expenses incurred to treat the temporary neck, back, and left knee pain between January and May 2020. The balance of the award provides compensation for Plaintiff’s pain and suffering.”

Cahillane v. United States (Lawyers Weekly No. 02-476-25) (5 pages) (Mastroianni, J.) (Civil Action No. 22-30156-MGM) (Sept. 2, 2025).

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