Furry v. U.S.

Federal 7th Circuit Court
Civil Court
Federal Tort Claims Act
Case Number: 
No. 12-1888
Decision Date: 
March 13, 2013
Federal District: 
N.D. Ill., E. Div.
Dist Ct. did not err in rendering verdict in favor of defendant-mail carrier in FTCA action alleging that defendant collided with plaintiffs’ vehicle that caused plaintiffs $45 million in damages. While plaintiffs argued that they sufficiently established that defendant’s negligence caused the instant accident in light of fact that defendant’s left front bumper came into contact with plaintiff’s right rear bumper, Dist. Ct. could properly find that plaintiffs failed in their burden of proof, where neither plaintiff saw defendant’s vehicle or observed instant collision, and where plaintiffs could only speculate that defendant’s actions caused accident. Fact that defendant had initially lied about being present at accident scene or had fled scene shortly after accident did not require different result where other factors could rule out negligence as explanation for defendant’s conduct.