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Tort/Negligence — FTCA – Mail Carrier – Traffic Accident – Comparative Negligence
By: Teresa Bruno, Opinions Editor//January 6, 2015
Tort/Negligence — FTCA – Mail Carrier – Traffic Accident – Comparative Negligence
By: Teresa Bruno, Opinions Editor//January 6, 2015
Jenkins v. United States (Lawyers Weekly No. 002-001-15, 7 pp.) (David Norton, J.) 2:12-cv-01346; D.S.C.
Holding: Even if the court were to assume that a mail carrier was somehow negligent (perhaps in pulling slightly off to the right side of the road before making a left turn), plaintiff’s negligence – passing a car that has its turn signal on at an intersection without braking – is greater than the mail carrier’s negligence. Therefore, even if the mail carrier were negligent, the doctrine of comparative negligence would bar any recovery by plaintiff.
Judgment for defendant.
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