On January 29, 2013, a $450,000 settlement was obtained for a pedestrian struck by a United States Post Office Vehicle. On 7/28/11 Plaintiff, a 28 year old NYC Department of Education high school guidance counselor, was struck by a United States Postal Service (USPS) truck while she was crossing 14th Street at its intersection with 2nd Avenue in Manhattan. She claimed the traffic light was in her favor.

Two women, employed as a physician’s assistant and registered nurse at a nearby hospital, on their way back from lunch, heard the impact but did not actually see the accident. They signed statements at the accident scene for the USPS investigator that Plaintiff admitted she was sorry as the accident was her fault for crossing against a red light. The truck’s driver claimed to be screened from seeing the Plaintiff by the bus in the lane to his right, inferring that Plaintiff darted out and walked into the side of the USPS truck.

Plaintiff sustained an open comminuted left patella fracture with a transverse open wound; patellar tendon avulsion of the interior pole of the patella; closed segmental right tibia-fibula fracture; and right lateral malleolus (ankle fracture). Treatment consisted of 7/28/11 irrigation & debridement of the patella fracture with open reduction internal fixation of the patella fracture, 7/31/11 intramedullary nail fixation of the closed segmental right tibia-fibula fracture, and physical therapy.

Plaintiff convalesced during her summer vacation when not attending physical therapy. She made an excellent recovery considering the extent of the injuries and returned to her position full time at the start of the school year in September 2011 without missing any time. At the Administrative level her claim was denied by the Postal Service in its entirety.

Upon the completion of discovery on 1/29/13 and before trial (bench trial without a jury) in this action under the Federal Torts Claims Act before the Honorable Colleen McMahon, USDC, SDNY the case was settled for $450,000 for pain and suffering. All medical bills were paid by Plaintiff’s no-fault carrier.