Everett v. United States

717 F. Supp. 917, 1989 U.S. Dist. LEXIS 8242, 1989 WL 81295
CourtDistrict Court, D. Maine
DecidedJune 30, 1989
DocketCiv. No. 88-0160 P
StatusPublished
Cited by2 cases

This text of 717 F. Supp. 917 (Everett v. United States) is published on Counsel Stack Legal Research, covering District Court, D. Maine primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Everett v. United States, 717 F. Supp. 917, 1989 U.S. Dist. LEXIS 8242, 1989 WL 81295 (D. Me. 1989).

Opinion

OPINION AND ORDER

GENE CARTER, District Judge.

I. INTRODUCTION

This case arises under the Federal Tort Claims Act, 28 U.S.C. §§ 2671-2680. Jurisdiction is based on 28 U.S.C. § 1346(b). Plaintiff Leslie Everett seeks recovery for personal injuries allegedly sustained when he fell in the truck receiving area of the United States Postal Service building in Portland Maine, causing damage to his back and hip.

The case was tried before the Court, sitting without a jury. Evidence was submitted on issues of both damages and liability.

II. FINDINGS OF FACT

A. The Portland Post Office

The United States Postal Service office in Portland, Maine serves as one of several distribution points for mail around the state. The post office building and grounds include a sizable area used solely for shipping and receiving mail. In this shipping and receiving area are a number of loading docks, to which mail-carrying trailers are backed up for loading and unloading. Also contained within this area is an open, paved yard where the trailers may be maneuvered for access to and egress from the loading docks. The trailers may be parked temporarily in the yard if all the loading docks are full. The yard and loading dock areas are well lit at night by high-pressure sodium lamps.

[919]*919In 1987, the year in which Plaintiff's injury allegedly occurred, the Postal Service had a snow plowing and removal contract with RAS Enterprises. Under the contract, RAS would plow the shipping area and yard within several hours after a major snowstorm, defined as greater than two to three inches of snow accumulation. Postal Service workers or the truck drivers would assist with this effort by moving the trailers out of the loading dock area. After plowing, the trailers would be returned to the loading docks. Occasionally, Postal Service workers would do additional plowing with Postal Service vehicles, including “back-dragging” empty loading bays.1

Sanding and salting was not part of the plowing agreement and would be done by RAS only upon specific request. Instead, the Postal Service typically did its own sanding and salting, and kept a sand truck with a spreader on the premises for this purpose. The spreader is capable of flinging sand and salt in a rough circle approximately thirty feet or so in radius. After the trailers had been moved and RAS had plowed, the Postal Service’s own trained and experienced personnel would plow or salt as needed using the truck and spreader. If the trailers had not been moved and were still at the bays, the sand truck could be backed into empty bays, between trailers, and sand applied by the spreader. The spreader truck would also drive closely along the front edge of the trailers parked at the various loading bays, and sand would reach well underneath the trailers. Alternatively, workers could stand in the bed of the sand truck and spread sand using a shovel. This method was used only if the sand spreader was unavailable due to repairs. In addition, three wheeled sand gurneys, containing sand, a shovel and a scoop, were kept near three of the loading bays and were available to Postal Service workers and truck drivers for use as needed.

The Postal Service in Portland had a full-time maintenance crew that supervised the RAS contract and performed whatever supplemental sanding, salting and snow removal was required. Ervin Morin was the Manager of Plant and Equipment Engineering (“maintenance”), and Ralph Corbin and John Mullen were his two immediate subordinates on the other “tours,” or shifts, who assumed various delegated maintenance duties and authority, which included the sanding and salting of the loading area and yard as needed. Arthur Pitou and Tammy Spera were the platform supervisors, who are in charge of docking area and lot conditions. It was their duty to walk around the yard area twice during each tour to assess conditions in the yard.

B. Plaintiffs Job

The United States Postal Service contracted with Dart Transportation- of South Portland, Maine, a private hauling contractor, for the trucking of mail from one postal center to another. Plaintiff Leslie Everett had been employed by Dart Transportation as a truck driver hauling mail for the Postal Service since approximately 1977.

From 1981 until his injury allegedly occurred in 1987, Plaintiff drove the same hauling route for Dart Transportation. Plaintiffs route, known as the “Bangor run,” involved arriving at the Portland post office building at 11:00 a.m. in his tractor and picking up an assigned trailer from the yard or loading dock.2 Plaintiff then drove north to Bangor, where he would drop the trailer and pick up another. From there, Plaintiff’s next stop was Waterville, where some mail might be removed from the trailer and more might be added. Augusta was the next stop, where some more mail might be removed and the trailer typically would then be fully loaded for the trip to Port[920]*920land. Plaintiff would return to Portland, hauling the trailer he picked up in Bangor now filled with mail accumulated along the way, arriving at the post office at approximately 7:20 to 7:30 p.m.

When Plaintiff arrived at the Portland post office, he would pull into the yard area. Usually, Plaintiff was assigned loading dock bay 37. If bay 37 was free, Plaintiff would stop, blow his air horn and get out of the tractor. He would remove the padlock and safety chain from the trailer door, return to the tractor, and back the trailer into the loading dock. If bay 37 was not available, Plaintiff would receive instructions from the loading dock supervisor to either use another bay or drop the trailer in the yard. After dropping the trailer, Plaintiff would return to Dart Transportation, where he would leave his trailer and go home.

In order to drop a trailer at the bay, Plaintiff followed a certain procedure. He would first shut off the air to the brakes, which locks the brakes and secures the trailer from rolling. Plaintiff would then get out of the tractor cab and swing to the back of the tractor, between the cab and the trailer, without alighting from the vehicle. He would unhook the air for the brakes and the cord for the trailer light signals, and hang both on the back of the tractor. Plaintiff would then swing down from the tractor onto the ground on the driver’s side. Next, Plaintiff would release what is known as the “fifth wheel.” The fifth wheel is the steel skid plate on the back of the tractor, on which the nose of the trailer rests, secured by locking jaws. In order to release the fifth wheel, Plaintiff had to pull a handle located under the nose of the trailer.

From there, Plaintiff would walk around the front of the tractor to the passenger side of the vehicle where the landing leg crank is located. The landing legs are the metal supports for the trailer that hold it up when there is no tractor attached to support it. These landing legs crank up into the trailer when not in use, and crank down to provide support when the trailer is to be dropped. Plaintiff had to crank the legs down in order to pull his tractor away from the trailer. The leg crank, which operates manually, is located approximately eleven feet to the rear of the trailer’s front end.

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Cite This Page — Counsel Stack

Bluebook (online)
717 F. Supp. 917, 1989 U.S. Dist. LEXIS 8242, 1989 WL 81295, Counsel Stack Legal Research, https://law.counselstack.com/opinion/everett-v-united-states-med-1989.