Michels v. US

• Decision Date: 18 March 1993
• Docket Number: No. 4-91-CV-30096.,4-91-CV-30096.
• Citation: 815 F. Supp. 1244
• Parties: Vincent William MICHELS, Plaintiff, v. UNITED STATES of America, Defendant.
• Court: U.S. District Court — Southern District of Iowa

815 F. Supp. 1244

Vincent William MICHELS, Plaintiff, v. UNITED STATES of America, Defendant.

No. 4-91-CV-30096.

United States District Court, S.D. Iowa, C.D.

March 18, 1993.

COPYRIGHT MATERIAL OMITTED

Marsha Merrill Beckelman and James P. Craig of Moyer & Bergman, Cedar Rapids, IA, for plaintiff.

Asst. U.S. Atty. Christopher D. Hagen, Des Moines, IA, for defendant.

MEMORANDUM OPINION AND ORDER

BENNETT, United States Magistrate Judge.

This personal injury lawsuit for damages arises under the Federal Tort Claims Act ("FTCA"), 28 U.S.C. § 2671-80. On March 9, 1989, in Ames, Iowa, during his freshman year at Iowa State University, Plaintiff Vincent William Michels was riding his motorcycle when he was involved in an accident with a motor vehicle driven by Dr. Iqbal Ahmed. Dr. Ahmed was in the scope and course of his employment with the United States Department of Agriculture. Michels was seriously injured. The trial, where liability was not seriously disputed by the United States of America, raised two primary issues. First, the extent of Michels' damages. Second, whether Michels may amend his FTCA tort claim notice pursuant to 28 U.S.C. § 2675(b) and receive a sum in excess of the $450,000.00 amount claimed in the notice.

I. INTRODUCTION AND BACKGROUND

It is axiomatic that the United States is immune from suit unless it has consented to be sued. United States v. Kubrick, 444 U.S. 111, 117-18, 100 S.Ct. 352, 356-57, 62 L.Ed.2d 259 (1979); Soriano v. United States, 352 U.S. 270, 276, 77 S.Ct. 269, 273, 1 L.Ed.2d 306 (1957). The United States Supreme Court has held that Congress may impose those conditions on a waiver of sovereign immunity as it deems appropriate. United States v. Testan, 424 U.S. 392, 399, 96 S.Ct. 948, 953, 47 L.Ed.2d 114 (1976). The FTCA "is a limited waiver of sovereign immunity, making the Federal Government liable to the same extent as a private person for certain torts of federal employees acting within the scope of their employment." United States v. Orleans, 425 U.S. 807, 813, 96 S.Ct. 1971, 1975, 48 L.Ed.2d 390 (1976); see also Layton v. United States, 984 F.2d 1496, 1499 (8th Cir.1993); 28 U.S.C. § 2674.¹ Prior to the FTCA's passage in 1946, the doctrine of sovereign immunity barred those victims of negligence by federal employees acting within the scope of their employment from seeking redress through litigation. Molzof v. United States, ___ U.S. ___, ___, 112 S.Ct. 711, 714, 116 L.Ed.2d 731 (1992). The only option for compensation open to those so injured by federal tortfeasors was through passage of a private bill by Congress. Id. The private bill route, however, was an exceedingly "clumsy" remedy. Dalehite v. United States, 346 U.S. 15, 24-25, 73 S.Ct. 956, 962, 97 L.Ed. 1427 (1953). The FTCA was "the offspring of a feeling that the Government should assume the obligation to pay damages for the misfeasance of employees in carrying out its work." Id. The provisions of the FTCA are to be liberally construed. United States v. Yellow Cab Co., 340 U.S. 543, 554, 71 S.Ct. 399, 406, 95 L.Ed. 523 (1951).

This action was originally commenced in state district court in Story County on October 9, 1989 by Vincent Michels and his parents, Raymond and Lorraine Michels, against Iqbal Ahmed, individually.² On February 25, 1991, the United States filed a certification pursuant to 28 U.S.C. § 2679(d)(1) that Defendant Iqbal Ahmed was acting within the scope of his office or employment at the time of the incident out of which the claim arose, thereby substituting the United States as the sole party defendant. On the same date, February 25, 1991, the United States filed a notice of removal to this court pursuant to 28 U.S.C. § 2679(d)(2).

On September 19, 1990, pursuant to 28 U.S.C. §§ 2401(b) and 2675, Michels filed a tort claim notice pursuant to the FTCA with the United States Department of Agriculture. The FTCA tort claim notice must be presented to the appropriate federal agency within two years after the claim accrues. 28 U.S.C. § 2401(b); Mora v. United States, 955 F.2d 156, 160 (2d Cir.1992). The presentment of the tort claim notice is a prerequisite to the institution of a civil suit under the FTCA. 28 U.S.C. §§ 2401(b) and 2675(a); Mora, 955 F.2d at 160. Michels indicated in his FTCA tort claim notice that the amount he was seeking for his personal injuries arising from the motor vehicle/motorcycle accident was $450,000.00. Title 28 U.S.C. § 2675(b) states:

(b) Action under this section shall not be instituted for any sum in excess of the amount of the claim presented to the federal agency, except where the increased amount is based upon newly discovered evidence not reasonably discoverable at the time of presenting the claim to the federal agency, or upon allegation and proof of intervening facts, relating to the amount of the claim.

On September 10, 1992, Michels moved to amend his FTCA tort claim notice. The motion was resisted by the United States. The issue was fully and well briefed by both parties. On September 29, 1992, following a hearing, this court entered an order deferring Michels' motion until after trial. The court determined that, after hearing the evidence at trial, the court would be in a much better position to determine whether Michels falls within the "newly discovered evidence" or "intervening facts" exceptions contained in 28 U.S.C. § 2675(b).

On January 12, 1993, trial commenced before the undersigned pursuant to the consent of the parties under 28 U.S.C. § 636(c) filed March 24, 1992. Post-trial briefs were filed by Michels on January 25, 1993, and by the United States on January 29, 1993. This matter is now fully submitted.

II. FINDINGS OF FACT

A. Vincent William Michels

Vincent Michels is twenty-three years old. At the time of the accident, he was nineteen. Michels was raised on the 580 acre family farm in northeast Iowa near Stanley and Oelwein. Michels is one of seven children. He has three brothers and three sisters. He is the youngest son. None of his siblings now work on the family farm or ever expressed an interest in taking over the family farm from their father, Raymond Michels. The farm has been in the Michels family since 1917. Michels' father has farmed it continuously since 1953.

Michels graduated from Oelwein Community High School in 1988. While in high school Michels was active in 4-H and the Future Farmers of America. He was not active in other extracurricular activities because he worked extensively on the family farm. While in high school, both before and after school, Michels engaged in extensive chores concerning all aspects of the family farm. He also raised feeder pigs.

Michels enrolled at Iowa State University ("ISU") in the fall of 1988. He majored in agricultural business. His goal was to help his dad farm and eventually take over the family farm.

Michels is an industrious young man. He was able to finance his college education at ISU by receiving various grants and loans as well as going home every weekend, holidays and academic breaks to work on the family farm with his father. Michels would frequently come home on Friday afternoons to begin his weekend of work on the family farm. In the spring semester of 1989 Michels also worked in the food service at his dormitory at ISU.

B. The March 9, 1989 Accident

March 9, 1989, was a clear, sunny day in Ames, Iowa. Sometime after 2:00 p.m., Michels went to check his midterm chemistry grade. Michels was riding his Honda 750cc Nighthawk motorcycle. He was not wearing a helmet.

Michels was proceeding north and Dr. Ahmed south on Welch Avenue in Ames. Welch Avenue is a two-lane street with a north and southbound lane. Michels' motorcycle headlight was on. It automatically turned on when the Honda motorcycle started. As Michels was proceeding north on Welch, he observed two cars approaching in the southbound lane. The first car passed Michels without incident. The second car, a yellow station wagon, was driven by Dr. Ahmed. Dr. Ahmed attempted a left turn across the northbound lane into a private driveway to turn around. As Dr. Ahmed proceeded with his left turn, Michels' motorcycle struck the right front panel of Dr. Ahmed's station wagon. The impact occurred at the curb line where the private driveway met the northbound lane of Welch Avenue.

Prior to and during Dr. Ahmed's left turn, Dr. Ahmed had an unobstructed view of Michels' northbound lane of traffic. Unfortunately, Dr. Ahmed saw neither Michels nor his motorcycle and, therefore, took no action to avoid the accident. Dr. Ahmed was so close to Michels' motorcycle when he made the left hand turn that Michels had no opportunity to take successful evasive action.

The speed limit on Welch Avenue in this residential area was twenty-five miles per hour. Neither Dr. Ahmed nor Vincent Michels was speeding. At the time of the accident Dr. Ahmed was returning to his home in Sioux City after attending a meeting for his employer, the United States Department of Agriculture. Dr. Ahmed is a veterinarian for the USDA and is employed as a circuit supervisor supervising inspections at meat packing and slaughter houses in northwest Iowa. Dr. Ahmed was looking for the University Bookstore where he understood he could purchase a pair of nylon pants to use while working in the slaughter houses. Dr. Ahmed was lost and unfamiliar with this area of Ames. The United States conceded in its answer and the court finds that Dr. Ahmed was an employee of the United States of America at the time of the accident and he was acting in the scope of his office and employment.

Upon collision, Michels flew over the handlebars and Dr. Ahmed's station wagon, traveled between ten and twenty feet in the air, did two mid-air somersaults and landed on his back. Taylar Donnely, a fellow student at ISU and one of the first individuals on the scene following the accident, immediately observed that Michels' left leg was broken and a large portion of flesh was...