Terrance Brantley and Marcellas King v. United States of America

CourtDistrict Court, M.D. Florida
DecidedMarch 27, 2026
Docket6:23-cv-00536
StatusUnknown

This text of Terrance Brantley and Marcellas King v. United States of America (Terrance Brantley and Marcellas King v. United States of America) is published on Counsel Stack Legal Research, covering District Court, M.D. Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Terrance Brantley and Marcellas King v. United States of America, (M.D. Fla. 2026).

Opinion

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA ORLANDO DIVISION

TERRANCE BRANTLEY and MARCELLAS KING,

Plaintiffs,

v. Case No.: 6:23-cv-536-WWB-LHP

UNITED STATES OF AMERICA,

Defendant. / ORDER THIS CAUSE is before the Court following a three-day bench trial on Plaintiffs Terrance Brantley and Marcellas King’s negligence claims against Defendant, United States of America I. LEGAL STANDARD “In an action tried on the facts without a jury[,] . . . the court must find the facts specially and state its conclusions of law separately. The findings and conclusions . . . may appear in an opinion or a memorandum of decision filed by the court.” Fed. R. Civ. P. 52(a)(1). “The burden of proof in civil cases is the same regardless of whether the finder of fact is a judge in a bench trial or a jury.” Men of Destiny Ministries, Inc. v. Osceola Cnty., No. 6:06-cv-624-Orl, 2006 WL 3219321, at *3 (M.D. Fla. Nov. 6, 2006). Plaintiff bears the burden of establishing each element of its claim by a preponderance of the evidence. Id. “A ‘preponderance of the evidence’ . . . means an amount of evidence that is enough to persuade [the trier of fact] that the Plaintiff’s claim is more likely true than not true.” Pattern Jury Instructions (Civil Cases) of the Eleventh Circuit, Basic Instruction No. 3.7.1. “Because the court acts as both the judge and the jury, it may resolve conflicts in the evidence, as well as make credibility assessments.” Men of Destiny Ministries, 2006 WL 3219321, at *3. II. FINDINGS OF FACT

This case involves a September 3, 2021, low speed, rear end automobile collision between Plaintiffs and Breilly Aracena, a United States Postal Service (“USPS”) employee, in Orlando, Florida. (Doc. 54 at 174:1–23; Doc. 55 at 240:22–242:2, 306:11– 15). At the time of the collision, Plaintiffs were riding in a Dodge Ram 2500 with Brantley driving and King seated in the front passenger seat. (Doc. 54 at 174:6–10, 202:10–14; Doc. 55 at 240:25–241:3). While Plaintiffs were stopped in traffic, Aracena drove his USPS vehicle into the back of the truck.1 (Doc. 55 at 407:6–11). According to the testimony of Dr. Ying Lu, a biomechanical engineer and accident reconstructionist, the USPS vehicle collided with the truck at a speed no greater than 6.6 miles per hour. (Id. at 419:12–14, 425:19–22, 447:2, 448:8–12). Based on Dr. Lu’s testimony, the collision

would have caused Plaintiffs to experience somewhere between 2.2 to 2.7 “g-forces,” (id. at 448:8–12), which is the type of force a person would experience doing normal, day-to- day activities. (Id. at 450:17–21).2 And while the impact may cause a person of Plaintiffs’ same height and general weight to experience “muscle strain” due to the force of impact,

1 Aracena testified that he rear-ended the Dodge Ram because he underestimated the distance between the two vehicles when he was attempting to break and was solely at fault for the accident. (Doc. 55 at 407:6–11, 412:14–20). 2 Dr. Lu testified that human beings “experience transient dynamic forces in a lot of activities.” (Doc. 55 at 449:24–25). A person who is stationary is basically at 1 g-force, while a person doing a “strenuous” activity like jumping jacks could experience 5 g-forces. (Id. at 450:1–7). (id. at 477:25–478:2), the motion of the spine would not have exceeded the spine’s normal range of motion. (Id. at 461:8–21). After the accident, Plaintiffs and Aracena got out to observe the damage to their respective vehicles. (Doc. 54 at 177:20–178:2; Doc. 55 at 247:23–248:5). The Dodge

Ram had a minor dent near the rear license plate and the USPS vehicle’s front left headlight was broken. (Doc. 52-13 at 3–9). Plaintiffs called emergency services and waited multiple hours for police to arrive. (Doc. 54 at 176:16–177:8; Doc. 55 at 307:17– 20, 308:23–309:1). When no officer responded, Plaintiffs drove home. (Doc. 54 at 178:18–179:7; Doc. 55 at 253:20–254:5). The next day, Plaintiffs visited the Altamonte Advent Health Emergency Room to obtain medical treatment for pain related to the accident. (Doc. 54 at 181:19–25; Doc. 55 at 255:2–24). Brantley complained of generalized body pain along with tingling in his right foot and received X-ray imaging of his spine, foot, and ribs. (Doc. 55 at 255:22–256:10, 260:25–261:3). The X-rays showed no acute cervical vertebral3 or rib fractures but did

reveal evidence of a prior gunshot wound around the left lower rib. (Doc. 52-1 at 60–62). After being discharged from this initial hospital visit, Brantley was diagnosed with minor body aches and prescribed pain medication. (Doc. 52-1 at 20–22, 27).4 On September

3 Dr. Jayson Lord, Plaintiffs’ radiologist, testified that “degenerative” or “chronic” disc injuries are those that occur over long periods of time, while “traumatic” or “acute” disc injuries are those that occur when an “imparting force” abruptly or quickly inflicts damage upon the relevant spinal area. (Doc. 54 at 25:6–16, 33:3–34:21). He also testified that those categories are not mutually exclusive. (Id. at 34:22–36:12 (describing how the darkness of a herniated disc in imaging reflects the desiccation healing process in the body)). 4 Thereafter, on September 15, 2021, Brantley visited his primary care physician at Sanitas Medical Center, reported the accident, and complained of generalized body aches and pain in his right foot. (Doc. 55 at 259:17–261:3). 21, 2021, a little over two-and-half weeks after his initial visit to Altamonte, Brantley visited Kirkman Chiropractic after being referred by his law firm. (Doc. 52-6 at 7; Doc. 55 at 261:4–262:2). There, Brantley complained of pain and discomfort in his neck, back, and foot, which he said he experienced constantly. (Doc. 55 at 261:20–262:2). At his initial

appointment, Brantley was comprehensively examined by Dr. Taylor L. Jacobs, given electrical stimulation to his lumbar and cervical spine, and given ice packs. (Doc. 52-6 at 19–20). Including the initial visit, Brantley went to a total of twenty-nine chiropractic appointments. (See generally Doc. 52-6). On November 9, 2021, and December 27, 2021, MRIs were taken of Brantley’s cervical and lumbar spine.5 (Doc. 52-12 at 12–17). According to Dr. Lord, the reviewing radiologist, Brantley’s cervical MRI showed that he had a cervical “disc bulge at C4-5, C5- 6, and C6-7” and “disc herniation protrusion type” in “C2-3, C3-4, and C7-T1.” (Id. at 16). With respect to his lumbar spine, Brantley was shown to have “disc degeneration” in his L3-4 disc and “left foramen stenosis marked in severity secondary to disc bulge and disc

herniation with osteophyte” in L2-3. (Id. at 13). Dr. Robert Vogelzang, a diagnostic and interventional radiologist called by Defendant, testified that Brantley’s bulging discs were “characteristic of chronic disease and no acute findings.” (Doc. 55 at 359:14–361:3). After the MRIs, Brantley began treatment at Florida Spine & Orthopedic in Winter Park, Florida under the supervision of Doctors, Jason Highsmith and Avery L. Buchholz.

5 Dr. Lord testified that the method of radiological imaging is important to assessing the details of anatomy. (Doc. 54 at 26:18–28:2). He stated that MRI technology uses magnetism to produce the greatest level of soft tissue detail, CT scans use radiation to analyze bone fractures with detail along with some soft tissues, and X-Rays use radiation to see bone structures with the least amount of detail. (Id. at 37:9–38:1). (Doc. 52-3 at 4–8). Dr. Buchholz assessed Brantley as having “[c]ervical disc disruption at C2-3 through C7-T1”; “[a]xial neck pain”; and “[m]echanical low back pain.” (Id. at 12). On April 22, 2022, given his continued complaints of pain, Brantley elected to undergo neck surgery—a C4-5 arthroplasty—which Dr. Buchholz performed on July 16, 2022. (Id.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Guinn v. ASTRAZENECA PHARMACEUTICALS LP
602 F.3d 1245 (Eleventh Circuit, 2010)
Black v. Food Lion, Inc.
171 F.3d 308 (Fifth Circuit, 1999)
Jazairi v. Royal Oaks Apartment Associates, L.P.
217 F. App'x 895 (Eleventh Circuit, 2007)
Federal Deposit Insurance v. Meyer
510 U.S. 471 (Supreme Court, 1994)
Hendrix Ex Rel. Gp v. Evenflo Co., Inc.
609 F.3d 1183 (Eleventh Circuit, 2010)
Dungan v. Ford
632 So. 2d 159 (District Court of Appeal of Florida, 1994)
Columbia Hospital (Palm Beaches) Ltd. Partnership v. Hasson
33 So. 3d 148 (District Court of Appeal of Florida, 2010)
Vero Beach Care Center v. Ricks
476 So. 2d 262 (District Court of Appeal of Florida, 1985)
Mercury Motors Exp., Inc. v. Smith
393 So. 2d 545 (Supreme Court of Florida, 1981)
Foster v. United States
858 F. Supp. 1157 (M.D. Florida, 1994)
Nichino America Inc v. Valent USA LLC
44 F.4th 180 (Third Circuit, 2022)
Judith Willis v. Royal Caribbean Cruises, LTD.
77 F.4th 1332 (Eleventh Circuit, 2023)

Cite This Page — Counsel Stack

Bluebook (online)
Terrance Brantley and Marcellas King v. United States of America, Counsel Stack Legal Research, https://law.counselstack.com/opinion/terrance-brantley-and-marcellas-king-v-united-states-of-america-flmd-2026.