Spivey v. U.S.
| Citation | 912 F.2d 80 |
| Decision Date | 15 August 1990 |
| Docket Number | No. 89-2185,89-2185 |
| Parties | Treamenda SPIVEY; Richard Spivey, Plaintiffs-Appellees, v. UNITED STATES of America, Defendant-Appellant, and Department of the Navy; Michael E. Woodard, Defendants. |
| Court | United States Courts of Appeals. United States Court of Appeals (4th Circuit) |
Rudolf A. Renfer, Jr., Asst. U.S. Atty., Raleigh, N.C., argued (Margaret Person Currin, U.S. Atty., Stephen A. West, Asst. U.S. Atty., Raleigh, N.C., on brief), for defendant-appellant.
Robert James Burford, Burford & Pugh, Raleigh, N.C., argued (Prince E.N. Shyllon, Raleigh, N.C., on brief), for plaintiffs-appellees.
Before ERVIN, Chief Judge, and CHAPMAN and WILKINSON, Circuit Judges.
The United States (the "Government") appeals an adverse judgment arising from an automobile accident. We affirm in part, vacate in part, and remand for a recalculation of damages.
Mrs. Treamenda Spivey and Mr. Richard Spivey sought damages incurred as the result of an automobile accident which occurred on a rainy day near Franklinton, North Carolina, at about 5 p.m. on July 29, 1985. Michael Woodard, a Navy Recruiter, was driving two potential recruits from Henderson to Raleigh in a government car--a 1981 Plymouth Horizon. Woodard was acting within the scope of his employment as an employee and agent of the United States.
Woodard was driving in the left of two south-bound lanes on Highway # 1 within the posted speed limit of 55 miles per hour. The roadway and shoulders of the highway were wet. Woodard decided to change to the right lane. Seeing no vehicle, he began to pull into the right lane.
At the same time, Mrs. Spivey was driving a relatively new 1985 Ford Mustang GT along Highway # 1 at about 63 miles per hour in the right south-bound lane and was gradually overtaking the Woodard vehicle. The front of the Mustang began to parallel the rear of the Plymouth just as Woodard began pulling into the right lane. Woodard's passengers saw the Mustang and yelled a warning to Woodard. Although Woodard's right front wheel had crossed into Mrs. Spivey's lane, Woodard quickly pulled his car to the left and Mrs. Spivey pulled her car to the right to avoid a collision. The vehicles did not collide, and Woodard returned to the left lane. However, while attempting to pull to the shoulder to avoid Woodard's vehicle, Mrs. Spivey lost control of her car. It proceeded down a grassy embankment and rolled over. The Mustang was a total loss, but Mrs. Spivey sustained only minor physical injuries from the accident. However, she sustained substantial psychological injuries from the accident.
Mrs. Spivey had a history of psychological problems brought on by a number of tragic incidents in her past. Although she suffered from a personality disorder, Mrs. Spivey's functional ability had not been impaired prior to the accident, because of successful therapy. Following the accident, Mrs. Spivey was diagnosed with Post Traumatic Stress Disorder (PTSD), Major Depression and Anhedonia (the loss of ability to enjoy). Later, Mrs. Spivey developed tardive dyskinesia, a serious side effect of the medication she was taking for her PTSD. The tardive dyskinesia abated when the medication was discontinued. However, the evidence indicated that it is likely that she will have to resume the medication and there is a two-third's chance that any future tardive dyskinesia will be permanent.
The district court found that before the accident, Mrs. Spivey had undergone successful therapy for past traumas, but she had never required hospitalization. Since the accident, Mrs. Spivey has been hospitalized three times for PTSD and related illnesses caused by the accident. Her future ability to work is uncertain. She no longer functions well in any capacity, is unable to perform homemaking and parenting duties, and is extremely withdrawn and unhappy. Mr. Spivey has taken over nearly all duties formerly performed by his wife. The district court also found that Mrs. Spivey's prognosis is poor, that her impairment will last at least into old age and perhaps for life, and that she may require frequent, if not permanent, institutionalization.
The Spiveys filed an initial administrative claim for their damages pursuant to the Federal Torts Claims Act (FTCA) on April 16, 1986, and amended their claim on January 13, 1987. In the amended claim, the Spiveys claimed a total of $594,124.25 in damages ($530,124 for Mrs. Spivey and $64,000 for Mr. Spivey). Unable to resolve their claim at the administrative level, the Spiveys filed a complaint in the United States District Court for the Eastern District of North Carolina. After a trial, a magistrate found the Government liable to Mrs. Spivey in the amount of $870,191.11 and to Mr. Spivey in the amount of $339,000.00.
At the outset, the Government argues that the court erred in finding that Mrs. Spivey was not contributorily negligent in the accident. The Government also argues that the court erred in finding that the accident caused all of Mrs. Spivey's current illnesses. The Government contends that Mrs. Spivey's current problems pre-existed the accident, and were merely aggravated by the accident. The trial court found that Mrs. Spivey was able to fully function as wife, mother, employee, and active member of the community before the accident, but not after the accident. After careful review of the record, we affirm the court's findings on the issue of contributory negligence and on causation because they are supported by substantial evidence in the record and are not clearly erroneous.
The Government objects to the award of damages in excess of that stated in the administrative claim. Damages in a suit brought under the FTCA are generally limited to the amount of the administrative claim. * However, the court allowed the additional damages under the exception provided in 28 U.S.C. Sec. 2675(b), by finding that the evidence as to the full extent of Mrs. Spivey's disability and future medical care fell within the exception, because Mrs. Spivey's prognosis was not determined and her tardive dyskinesia did not develop until after the claim was submitted.
The Government argues that the court ignored the statutory language of Sec. 2675(b), which required it to determine whether the evidence was "reasonably discoverable," and improperly used the lesser standard of whether the evidence had been discovered. Despite some ambiguous language, we find that the district court applied the correct legal standard in determining that Mrs. Spivey's additional claims met the exception and entitled her to assert damages in excess of her administrative claim. The court found that Mrs. Spivey's tardive dyskinesia "could not have been diagnosed or included" in the amended administrative claim, and that "the full extent of Plaintiff's disability and future medical care and needs were either facts not reasonably discoverable at the time the administrative claim was amended or intervening facts." (Emphasis added.)
The Government also argues that the trial court erred in applying the Sec. 2675(b) exception by considering inadmissible evidence. We agree. In assessing damages in excess of the claim, the lower court relied heavily on a post-trial affidavit filed by counsel for Mr. and Mrs. Spivey. This affidavit was patently inadmissable, and we vacate the award of damages in excess of the administrative claim and remand for a recalculation as instructed below.
The issue of whether plaintiffs could claim damages in excess of their administrative claim arose early in the case, when the Government filed a pre-trial motion in limine to limit evidence concerning damages to the amount of the administrative claim. The plaintiffs responded to that motion with a pre-trial memorandum. Rather than ruling on the motion in limine prior to trial, the court held the motion in abeyance and heard testimony regarding damages in excess of the administrative claim. During the trial, the Government moved to strike such evidence as being outside the administrative claim, but the court declined to rule on those motions. Instead, the court stated that it wished to hear both sides regarding the statutory limitation on damages, and stated that it would allow plaintiffs to submit affidavits to counter the motion in limine at a later date. The court did allow plaintiffs to submit an affidavit, signed by plaintiffs' counsel, after the close of oral testimony.
We assume that the court allowed the affidavit to counter the motion in limine under Fed.R.Civ.P. 43(e), which states that a court may decide a motion by affidavits or on...
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