Presley v. U.S. Postal Service

317 F.3d 167
Court of Appeals for the Second Circuit·Decided January 10, 2003·No. Docket Nos. 02-6135 (LEAD), 02-6143(XAP), 02-6165(CON)·Published·Cited by 2 cases

Opinion

SOTOMAYOR, Circuit Judge.

Plaintiff-appellant-cross-appellee Margo Presley and defendant-cross-claimant-ap-pellee-cross-appellant Apolinar Hernandez appeal from a judgment of the United States District Court for the Eastern District of New York (Roanne L. Mann, Magistrate Judge) in favor of Presley against the United States of America in the amount of $415,000 and against Hernandez in the amount of $1,795,000. This judgment followed a joint bench and jury trial on damages Presley sustained in a car accident involving a livery cab, in which she was riding, and a postal service vehicle.

Presley argues that the magistrate judge’s award against the United States of $415,000 for her facial, back and neck injuries following the car accident is clearly erroneous in light of the undisturbed jury award of $1,795,000 in damages against the livery cab driver, Hernandez, for the same injuries. She also argues that several of the magistrate judge’s findings of fact are erroneous, and that those factual findings influenced the magistrate judge’s assessment of her credibility. On cross-appeal, Hernandez contends that the magistrate judge abused her discretion either by failing to rule on his motion for a new trial or remittitur of the jury verdict under Fed. R.Civ.P. 59 or by implicitly sustaining the verdict by entering judgment in the amount awarded by the jury.

For the reasons that follow, we vacate the amended judgment and remand for further consideration of Hernandez’s mo[170] tion for a new trial or remittitur. Because we conclude that several of the findings of fact relating to Presley’s injuries are clearly erroneous and are uncertain to what extent these errors influenced the magistrate judge’s damages award against the United States, we also vacate and remand for reconsideration of that award.

BACKGROUND

I. Factual Background and Evidence Presented Below

Presley was injured in a car accident early in the morning on November 15, 1995, when the livery cab in which she was riding, which was driven by defendant Hernandez, collided with a U.S. Postal Service vehicle driven by Hector Martinez, a U.S. Postal Service employee who was on duty at the time. In the accident, Presley’s nose was shattered and pushed inward by the impact. Presley also claims to have suffered neck and back injuries as a result of the collision.

Presley filed suit against the livery cab driver (Hernandez), the owner of the livery cab (GSA N.Y. Fleet Management Center), the postal worker (Martinez), and the United States, which appeared on behalf of the postal worker.1 Defendants conceded negligence, and the following evidence was presented during a joint bench and jury trial on damages held June 11-14, 2001. The claims against the United States were tried to Magistrate Judge Mann pursuant to 28 U.S.C. § 686(c)(1), under the Federal Tort Claims Act, see 28 U.S.C. §§ 1346(b)(1), 2402, while the claims against Hernandez were tried to the jury.

Immediately following the accident, Presley was rushed to Brooklyn Hospital and Medical Center and underwent a two and a half hour surgery for the telescoping injury to her nose. Presley lost cartilage and bone in her nose, and a priest was called to her bedside because the doctors feared that the missing bone pieces might have become lodged in her brain. Dr. Ines Carrasquillo, the plastic surgeon who supervised Presley’s original surgery and then examined her a week after the surgery, testified at trial that after the surgery, Presley’s nose was swollen and scarred but was essentially healing well.

It was undisputed at trial, however, that Presley’s nasal configuration had been permanently affected by the accident, surgery, and resulting scarring. Dr. Carras-quillo recommended that Presley undergo two additional operations: a rhinoplasty to alleviate her breathing difficulty, and a scar revision for cosmetic purposes. Dr. Carrasquillo testified that while she could not give Presley the nose she had before the accident, with surgery, “[w]e could give her a good result. We can address what she’s complaining about now.” Finally, Dr. Carrasquillo explained that the risk of complications resulting from the surgery was low,' but was “higher than if she had not had any trauma to her nose. So, it may be five percent.”

Contradictory testimony was presented regarding whether the scarring and subsequent deformation interfered with Presley’s breathing or her pre-existing asthma. Presley testified on direct examination that, due to the injuries, she could no longer breathe through one nostril and that during an asthma attack, “[i]t is terrifying because I am basically breathing — it is impossible to breathe.” On cross-examination, however, defense counsel elicited that Presley had previously testified during her deposition that, since January 1999, her asthma had not “been exacerbated in any way by anything [she] attribute[s] to this accident” and that “[t]he [171] injury to the nose as a result of the accident [has not] caused any problems in breathing.”

In addition to her facial injuries, Presley also claimed that several weeks after the accident she began to experience back and neck pain as a result of the collision. Presley claimed to be severely limited by this pain such that interacting with her young son was painful and exhausting, and even performing routine tasks such as carrying groceries was difficult. Presley explained that she had both good and bad days with respect to her neck and back pain, but a subsequent pregnancy exacerbated the injury: “[Wjhere I used to have — it would run the gamut during a week prior to me being pregnant I now have a good day maybe, maybe a few times a month.” Presley also claimed that the pain from the accident had interfered with her ability to sleep, causing her to awaken three to four times nightly.

According to Presley’s testimony, she first consulted with Dr. Robert Black for her back and neck pain several months after the accident. Dr. Black allegedly referred her to Dr. David Payne for an MRI in June 1996. Although no treatment records from Dr. Black were introduced at trial, Presley presented documentary evidence indicating that an MRI of her cervical spine was performed by Dr. Payne on June 19, 1996, on referral from Dr. Black. According to Dr. Payne’s report analyzing the MRI, Presley had three disc bulges on her cervical spine as well as some straightening of the cervical spinal curve.

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Presley v. U.S. Postal Service, 317 F.3d 167 (2d Cir. 2003).

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Presley v. U.S. Postal Service
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