Diawara v. United States
| Decision Date | 17 August 2021 |
| Docket Number | Civil Action 18-3520 |
| Parties | JENNIFER DIAWARA et al., Plaintiffs v. UNITED STATES et al., Defendants |
| Court | U.S. District Court — Eastern District of Pennsylvania |
GENE E.K. PRATTER, United States District Judge.
Jennifer Diawara and her family were involved in an accident with a United States Postal Service truck operated by Amanda Galbreath. Ms. Diawara, on behalf of herself and her two children, J.D. and R.D., brought suit under the Federal Tort Claims Act. The parties concede that the accident was caused by Ms. Galbreath's negligence. The remaining issues are causation and damages. Ms. Diawara contends that the accident caused her to tear her rotator cuff in her shoulder, and caused injuries to her spine which have left her disabled. The United States maintains that while the accident may have caused a shoulder strain, otherwise Ms. Diawara's physical disability was caused by preexisting conditions.
The Court presided over a six-day bench trial, and later reviewed the parties' proposed findings of fact and conclusions of law. Upon consideration of these proceedings, filings, the evidence presented, and the important credibility considerations noted here, the Court concludes:
(1) Ms Diawara did not meet her burden to produce substantial evidence that Ms. Galbreath's negligent actions aggravated any of Ms. Diawara's preexisting injuries and physical conditions.
(2) Even if Ms. Diawara had proved that the accident caused her injuries, she did not present substantial evidence, in the form of a competent vocational expert, proving the amount of damages for lost earnings, lost services, or future medical care.
(3) Because Ms. Galbreath's negligence did not aggravate Ms Diawara's preexisting injuries, Ms. Diawara is not entitled to damages for pain and suffering, humiliation mental anguish, disfigurement, or loss of enjoyment of life.
(4) Ms Diawara proved that Ms. Galbreath's negligence caused her to incur medical expenses on August 13, 2015 in the amount of $147.70.
(5) Plaintiff R.D. is entitled to recover medical expenses incurred on August 13, 2015 in the amount of $933.93.
(6) Plaintiff R.D. did not prove that he was entitled to any damages for past pain and suffering, mental anguish, and loss of enjoyment of life.
(7) Plaintiff J.D. is entitled to recover medical expenses incurred on August 13, 2015 in the amount of $642.75.
(8) Plaintiff J.D. did not prove that he was entitled to any damages for past pain and suffering, mental anguish, and loss of enjoyment of life.
1. On August 13, 2015, at approximately 11:20 a.m., Jennifer Diawara and her family were stopped at a red light at the intersection of Route AC and U.S. Route 63 when their family minivan was struck in the rear by a mail delivery truck operated by Amanda Galbreath and owned by the United States Postal Service. See Doc. No. 94 at 17:6-22; Doc. No. 91 at 5:10-8:11; Ex. P16 at 15-18.
2. Plaintiffs Jennifer Diawara, R.D. and J.D. were passengers in a vehicle operated by Ms. Diawara's husband, Alpha Diawara, and all were restrained by seatbelts. See Doc. No. 94 at 18:3-13, 19:6-9. See also Doc. No. 91 at 5:10-7:6.
3. Ms. Diawara was wearing a typical harness style seatbelt over her right shoulder, with the strap being buckled down on her left side. See Doc. No. 94 at 18:3-6.
4. At the time of the collision, Ms. Galbreath was employed by the United States Postal Service in the Tiger Station in Columbia, Missouri, as a City Carrier Assistant. See Ex. P22 at 1. See also Doc. No. 53 at 1.
5. The United States does not dispute that Ms. Galbreath caused the rear-end collision. See Doc. No. 90 at 9:10-13. See also Doc. No. 53 at 1.
6. Neither Plaintiffs' minivan nor the United States Postal Service (“USPS”) truck sustained any visible damage, nor did airbags in either vehicle deploy. See Ex. P59 at 9; Ex. P11 (“Photos of Accident Scene”).
7. At the time of the collision, Ms. Diawara was 41 years old, J.D. was 11 years old, and R.D. was 6 years old. See Doc. No. 94 at 5:11-13. See also Doc. No. 53 at 2.
8. At trial, Alpha Diawara described the impact from the USPS truck as a “big loud bang.” See Doc. No. 91 at 7:23-8:1.
9. At the very time of impact, Ms. Diawara testified that she had turned and was looking over her left shoulder to make sure that her three children in the back seat were wearing their seatbelts. See Doc. No. 94 at 18:9-13.
10. There was no warning that the rear-end collision was about to occur. See Doc. No. 94 at 17:23-25.
11. Ms. Diawara testified that after the accident her children, who were in the backseat of the car, were crying and that it was “complete chaos.” See Doc. No. 94 at 19:12.
12. Alpha Diawara called the police shortly after the accident. See Doc. No. 91 at 5:25.
13. Police Officer Gene Williams responded to the scene of the accident. See Doc. No. 91 at 29:4-8.
14. Officer Williams asked Alpha Diawara questions about the accident. Doc. No. 91 at 29:9-11.
15. Officer Williams drafted a police report regarding the motor vehicle accident. See Ex. D20 at 5. See also Doc. No. 91 at 29:9-11.
16. The police report noted that “no injuries were reported.” See Ex. D20 at 5. See also Doc. No. 91 at 32:25-33:2.
17. Rick Ayers, a USPS manager, also arrived on the scene of the accident. See Doc. No. 91 at 8:12-20.
18. Mr. Ayers asked Alpha Diawara questions about the accident at the scene of the accident. See Doc. No. 91 at 34:7-12.
19. An ambulance from Boone Hospital Center Ambulance Emergency Medical Service (“Boone EMS”) also arrived at the scene. See Doc. No. 91 at 9:2-3; Doc. No. 94 at 46:2123; Ex. P59 at 9.
20. According to Boone EMS personnel, Ms. Diawara, R.D., J.D., and S.D. were “alert and oriented, ” and Ms. Diawara “did not appear to have any head or neck pain.” Ex. P59 at 9.
21. When asked by Boone EMS personnel where he had pain, R.D. stated that it was in “his back.” See Ex. P153 at 7. Upon palpation, R.D. “did not grimace or appear to have any pain upon touch” and “later stated that he didn't” have any pain. Id.
22. After the collision, R.D. was transported by Boone County Hospital EMS to the Emergency Department at Women and Children's Hospital in Columbia, Missouri. See Doc. No. 94 at 20:18-20. See also Ex. P153 at 7.
23. R.D. walked to and climbed into and out of the ambulance without assistance. Id.
24. Ms. Diawara “initially declined” treatment from Boone EMS. See Doc. No. 93 at 47:21-22; Ex. P59 at 9.
25. Ms. Diawara told the Boone EMS responders that she was taking medication for back problems and that she had chronic back pain, musculoskeletal disease, degenerative disc disease, and a bulging disc. See Doc. No. 93 at 47:18-21; Ex. P59 at 9.
26. Boone EMS personnel observed that Ms. Diawara was “able to speak fine, turn her head without any pain, and did not have any tingling or numbness anywhere.” See Doc. No. 93, 47:15-16; Ex. P59 at 9.
27. Ms. Diawara conceded that when the ambulance arrived, she was able to get into the ambulance unassisted, and walk unassisted into the ER at Columbia Women's and Children's Hospital upon arrival. See Doc. No. 94 at 47:2-10.
28. After EMS personnel arrived at the accident scene, they placed J.D. in a neck brace. See Doc. No. 94 at 20:24-25.
29. At Columbia Women's and Children's Hospital, R.D. See Ex. P154 at 2.
30. After examining R.D., the hospital prescribed Ibuprofen for any future pain and discharged him shortly thereafter. Id. at 5, 17.
31. J.D. entered the hospital “with a c collar on c/o neck pain. no head injury. no numbness, weakness. no other injuries.” See Ex. P158 at 2.
32. At the time of the accident, Ms. Diawara was already taking a prescription of Oxycodone, 10 milligrams as needed. See Doc. No. 94 at 48:12-16.
33. Although Ms. Diawara stated that she had back and shoulder pain at the hospital (Doc. No. 94 at 47:14-17; Ex. P60 at 1), Ms. Diawara described her pain as (Doc. No. 93 at 49:6-7; Ex. P60 at 1).
34. After her examination, the hospital gave Ms. Diawara a Dilaudid injection, prescribed Acetaminophen-Oxycodone 325 milligrams for any future pain, and discharged Ms. Diawara shortly thereafter. See Doc. No. 93 at 50:13-23; Doc. No. 94 at 48:20-22; Ex. P60 at 3, 51, 54.
35. Ms. Diawara testified that the hospital also provided her with a splint for her shoulder. Doc. No. 94 at 48:3-8. The medical records from Columbia Women's and Children's Hospital do not include any references to a splint.
36. After an x-ray of his right hand was performed, R.D. was diagnosed with a right hand contusion and was discharged with a splint on his right hand. See Ex. P154 at 6. See also Doc. No. 94 at 22:2-3, 23:2-9.
37. R.D. was instructed by the emergency department to keep the hand splint on for a few days following the accident. See Doc. No. 94 at 23:2-25. See also Doc. No. 91 at 17:15-24.
38. The USPS does not contest proximate causation as to the injuries of minor Plaintiff R.D., and have stipulated to economic damages in the amount of $933.93. See Doc. No. 91 at 17:25-18:4.
39. After an x-ray of his cervical spine was performed, physicians in the emergency department diagnosed J.D. with a neck strain and discharged him. See Ex. P158 at 3-4, 12.
40. J.D. was instructed by the emergency department to keep the neck collar on for a few days following the accident. See Doc. No. 94 at 23:2-25; Doc. No. 91 at 17:15-24.
41. The USPS does not contest proximate causation as to J.D.'s injuries, and the parties...
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