Opinion
3:20-cv-05581 MJP
12-03-2021
JOHNANAS JOHNSON and JENNIFER JOHNSON, husband and wife, Plaintiffs, v. UNITED STATES OF AMERICA, Defendant.
STRITMATTER KESSLER KOEHLER MOORE Ray W. Kahler, WSBA #26171 Co-Counsel for Plaintiffs PARKER, WINKELMAN & PARKER Benjamin R. Winkelman, WSBA #33539 Co-Counsel for Plaintiffs NICHOLAS W. BROWN United States Attorney MATT WALDROP, GA # 349571 Assistant United States Attorney
STRITMATTER KESSLER KOEHLER MOORE Ray W. Kahler, WSBA #26171 Co-Counsel for Plaintiffs
PARKER, WINKELMAN & PARKER Benjamin R. Winkelman, WSBA #33539 Co-Counsel for Plaintiffs
NICHOLAS W. BROWN United States Attorney MATT WALDROP, GA # 349571 Assistant United States Attorney
AMENDED PRETRIAL ORDER
Marsha J. Pechman United States Senior District Judge
I. JURISDICTION
Jurisdiction in this matter is premised upon the Federal Tort Claims Act, 28 U.S.C. § 1346(b) and 2679(b)(1). The United States has waived sovereign immunity for the negligent or wrongful acts or omissions of any federal employee acting within the scope of employment, under circumstances where the United States, if a private person, would be liable to the plaintiff in accordance with the law of the place where the act or omission occurred. 28 U.S.C. § 1346(b). The parties agree that Washington state law substantively governs the claims to be adjudicated at trial in this matter.
Venue is proper under 28 U.S.C. § 1402(b).
II. CLAIMS AND DEFENSES
Plaintiffs will pursue at trial the following claims: (1) monetary damages for personal injuries to Plaintiff John Johnson, including economic damages (past medical expenses, wage loss, and property loss) and noneconomic damages (past and future pain and suffering; past and future disability; past and future disfigurement; and past and future loss of enjoyment of life), arising out of the November 10, 2018 motor vehicle collision; and (2) monetary damages for loss of consortium damages to Plaintiff Jennifer Johnson, wife of Plaintiff John Johnson.
The Defendant will pursue the following affirmative defenses and/or claims: (1) Any injuries or damages to the Plaintiffs were not proximately caused by a negligent or wrongful act or omission of any agent, employee or representative of the United States; (2) Plaintiffs failed to mitigate, obviate, diminish or otherwise act to lessen or reduce the injuries, damages and disabilities alleged; (3) Plaintiffs' injuries and damages, if any, were caused by other preexisting or unrelated sicknesses, injuries, or other medical conditions.
III. ADMITTED FACTS
The following facts are admitted by the parties:
1. Plaintiffs John and Jennifer Johnson are husband and wife and residents of Washington.
2. The United States of America is the Defendant, and the Postal Service worker involved in the collision, Michael Murray, was acting as an employee of the United States within the scope of his employment.
3. Plaintiffs have satisfied the administrative exhaustion requirements under the FTCA, 28 U.S.C. § 2401.
4. A collision occurred on Boone Street in Aberdeen, Washington on November 10, 2018 at approximately 11:00 a.m., involving a Postal Service LLV