Northern Georgia Court Finds Negligence in Motorcycle Crash, Awards $5.74M

On November 12, 2012, a motorcyclist sustained severe injuries in a collision with a U.S. Postal Service delivery truck on a rural road in the Northern District of Georgia. The plaintiff subsequently filed an action against the United States in March 2014, alleging the postal service driver negligently operated the vehicle.

The plaintiff asserted claims of negligence, negligence per se, and negligent entrustment under the Federal Tort Claims Act. According to the complaint, the postal service driver slowed down and moved toward the right side of the road, then suddenly made an unsignaled left-hand turn into a private drive while the plaintiff was attempting to pass on a motorcycle. The collision resulted in the plaintiff suffering an open fracture of the right tibia and fibula, a compound ankle fracture with dislocation, and ultimately required a below-the-knee amputation. At the time of filing, medical bills exceeded $1.1 million.

A bench trial commenced in November 2015. In April 2016, the court entered judgment in favor of the plaintiff. The court found that the postal service driver had been trained to check her rear-view mirrors before making left turns but failed to do so, establishing negligence. The court also considered the testimony of a plaintiff's expert regarding future life care costs.

The court directed that a judgment be entered against the defendant for $5,740,767.81 in compensatory damages.