Opinion
CIVIL 5:21-cv-04298-JMG
10-11-2023
JASMIN CHEBBANI, Plaintiff, v. UNITED STATES OF AMERICA DEPARTMENT OF AGRICULTURE Defendant.
FINAL JUDGMENT AND ORDER
JOHN M. GALLAGHER United States District Court Judge
AND NOW, this 11th day of October, 2023, following a bench trial (ECF No.s 67-69), which included Defendant's oral Rule 50 Motion, and upon consideration of the parties' proposed findings of fact and conclusions of law (ECF No.s 71 & 72), IT IS HEREBY ORDERED pursuant to 28 U.S.C. § 1346(b) and applicable Pennsylvania tort law, judgment is ENTERED against Defendant and in favor of Plaintiff in the amount of $43,519.90.
IT IS FURTHER ORDERED that Defendant's Rule 50 Motion is GRANTED IN PART and DENIED IN PART as follows:
1. Defendant's motion for judgment as a matter of law as to liability for Plaintiff's neck and shoulder injuries is GRANTED;
2. Defendant's motion for judgment as a matter of law as to damages in the form of medical costs for Plaintiff's remaining injuries is DENIED;
3. Defendant's motion for judgment as a matter of law as to damages in the form of lost wages for Plaintiff's remaining injuries is GRANTED for pay periods except December 8, 2019 through January 3, 2020 and February 16, 2020 through March 14, 2020.
IT IS FURTHER ORDERED that the Clerk of Court is DIRECTED to CLOSE this case.