Dalrymple v. U.S. Postal Serv.

CLEM D. DALRYMPLE v. UNITED STATES POSTAL SERVICE, ET AL.

CIVIL ACTION NO. 18-14237 SECTION "R" (2)

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA

March 11, 2021

FINDINGS OF FACT AND CONCLUSIONS OF LAW

I. INTRODUCTION

This case arises out of a motorcycle accident. On January 15, 2017, plaintiff, Clem Dalrymple, struck a United States Postal Service (USPS) truck driven by Jonathan Jones while riding his motorcycle on Highway 22 in Tangipahoa, Louisiana.¹ Dalrymple asserts that the accident was caused by Jones' negligent failure to yield.²

On December 27, 2018, plaintiff filed a lawsuit in this Court.³ Citing the Federal Tort Claims Act, 28 U.S.C. §§ 2671, et seq. (FTCA), plaintiff seeks to hold the United States of America liable for Jones' alleged negligent failure to yield.⁴

On February 3, 2021, the Court held a bench trial. After hearing live testimony and reviewing all the evidence presented by both parties, the Court renders its Findings of Facts and Conclusions of Law under Federal Rule of CivilProcedure 52(a) as set forth below. To the extent any findings of fact may be construed as conclusions of law, the Court adopts them as such. To the extent any conclusions of law may be construed as findings of fact, the Court adopts them as such.

II. FINDINGS OF FACT AND CONCLUSIONS OF LAW

A. The Accident

On January 15, 2017, at or around 5:10 p.m., plaintiff Clem Dalrymple was driving a 1979 Harley Davidson motorcycle on Highway 22 in Tangipahoa Parish, Louisiana.⁵ Dalrymple was traveling east.⁶ The speed limit was 55 miles per hour.⁷

1. The USPS Truck Was on the Eastbound Shoulder Before the Accident

Eyewitness, Ronald Bryant, testified that he was traveling westbound on Highway 22⁸ on the date of the accident when he came upon a USPS truck on the eastbound shoulder of the road.⁹ Bryant stated that the USPS truck attempted a U-turn from the shoulder to travel westbound, and that Dalrymple struck the USPStruck as it was in the midst of attempting the U-turn.¹⁰ Plaintiff's testimony was consistent with Bryant's.¹¹

The Government asserts that the USPS truck entered Highway 22 from a private driveway, not from the eastbound shoulder.¹² In support of its position, the Government provided expert testimony from its accident reconstructionist, Wayne Winkler. Winkler testified that the USPS truck had a turning radius of seventeen feet.¹³ Winkler also testified that the police photographs taken after the crash indicated that the truck had a "westerly component to its final resting position."¹⁴ Based on the USPS truck's turning radius and its westerly orientation at final rest, Winkler concluded that the USPS truck entered Highway 22 from a private driveway.¹⁵ Had the USPS truck U-turned from the eastbound shoulder, Winkler opined, it would have faced "somewhat east" at final rest.¹⁶

The Court does not find Winkler's testimony persuasive. Winkler's analysis is dependent upon his "crash reconstruction software,"¹⁷ which he does not explain. Other than testifying that he used crash reconstruction software, he does not describe anything about it. He does not explain, for example, how his software is programmed or establish that it would yield correct results. He offers only theconclusory assurance that the software is "very accurate."¹⁸ The Court finds that Winkler's failure to provide any information about the software undermines the reliability of his method and the conclusions based on it.

Winkler also made assumptions that supported his conclusions, and he ignored evidence that undermined them. For example, Winkler assumed that, after the impact between the motorcycle and the USPS truck, Jones did not continue to drive the truck.¹⁹ On cross-examination, plaintiff's counsel asked Winkler if this assumption was consistent with a statement Jones gave, in which Jones stated that he continued to drive the truck after impact.²⁰ Winkler brushed Jones' alleged statement aside, stating that "the physical evidence is inconsistent with [Jones'] statement."²¹ But like his failure to explain the crash reconstruction software, Winkler does not explain why the physical evidence was inconsistent with Jones' statement. If Jones continued to drive after the impact and steered the truck, his actions would have affected the final orientation of the USPS truck, a key link to Winkler's conclusion.

Moreover, Winkler's conclusion that the USPS truck entered Highway 22 from a private driveway is countered by Bryant's credible eyewitness testimony. As noted, Bryant, a fact witness with no pecuniary interest in this lawsuit, testifiedthat USPS truck was on the eastbound shoulder of the road before the accident.²² Dalrymple gave similar testimony.²³ In light of the above evidence, the Court finds that the USPS truck entered Highway 22 from the eastbound shoulder of the road.

2. The USPS Truck U-Turned into Dalrymple

As Dalrymple drew nearer to the USPS truck, the USPS truck attempted a U-turn across the eastbound lane.²⁴ As the USPS truck was in the midst of turning into the eastbound lane from the highway's shoulder, plaintiff struck its left-front side while on his motorcycle.²⁵

Plaintiff testified that he was thrown from his motorcycle and that he flew inside the USPS truck's open left door, striking the windshield.²⁶ Bryant described the accident as an "explosion"²⁷ and testified that he saw "dust and something flying out from" over the top of the USPS truck.²⁸ Bryant testified that he brought his car to a stop, put his hazard lights on, and dialed 9-1-1.²⁹ Bryant then got out of his vehicle, walked up to the scene of the crash, and saw Dalrymple "laying in a puddle of blood."³⁰

A police officer, Jereme Brignac, arrived on the scene at 5:32 p.m.³¹ Brignac investigated the accident at the scene, and after his investigation, he cited Jones for failure to yield.³² Dalrymple, injured from the crash, was airlifted to North Oaks Hospital by the Acadian Ambulance Service.³³

B. The Injuries Caused by the Crash

1. The Injuries Apparent on January 15, 2017 and Treatment at North Oaks Hospital

As a result of the motorcycle crash, Dalrymple arrived at North Oaks Hospital with impaired consciousness,³⁴ but he was able to answer questions intermittently in the emergency room.³⁵ The medical records and testimony of plaintiff's treating physicians indicate that Dalrymple had an open left wrist fracture,³⁶ fractures in his right wrist,³⁷ open fractures in both hands (including inthe right metacarpal bone),³⁸ multiple pelvic fractures (specifically, a left pubic ramus fracture,³⁹ a fracture in the sacral ala,⁴⁰ and a fracture to the left pubic root⁴¹), a laceration of the right eyebrow,⁴² a subarachnoid hemorrhage (bleeding outside of the brain, but inside the skull),⁴³ a nasal fracture,⁴⁴ a nasal septum fracture,⁴⁵ multiple right orbital fractures (the bone around one's eye),⁴⁶ a fracture in his frontal sinus,⁴⁷ puncture wounds in the face and neck,⁴⁸ shortness of breath,⁴⁹ and multiple abrasions.⁵⁰ The Court finds that all of these injuries were caused by the motorcycle crash.⁵¹

Soon after his admission the hospital, the staff at North Oaks began treating Dalrymple with drugs. At 5:54 p.m., Dalrymple received Decadron, a steroid.⁵² At 5:58 p.m., the hospital treated Dalrymple with morphine (an opioid)⁵³ and a "paralytic" drug called Ketamine.⁵⁴ At 6:00 p.m. the hospital administered an anesthetic agent called Anectine, which was used for intubation.⁵⁵ At 6:14, the hospital administered Diprivan to Dalrymple which placed him into a deep state of sedation.⁵⁶ At 9:27 p.m., the hospital collected Dalrymple's urine, which would later test positive for opioids.⁵⁷

Dr. James Kinnett, an orthopedic surgeon at North Oaks Hospital, performed two surgeries on Dalrymple on the evening of his arrival at the hospital. Dr. Kinnett performed an "[i]rrigation, debridement, and primary closure of complex lacerations" on Dalrymple's right hand.⁵⁸ Next, Dr. Kinnett performed a debridement and an "open reduction of the fracture dislocation" on Dalrymple's left wrist.⁵⁹ For this procedure, Kinnett also used "Kirschner wires" to stabilizeDalrymple's left wrist.⁶⁰ Dalrymple was kept under general anesthesia for both surgeries.⁶¹

On the day after the accident, January 16, 2017, Dr. Jacques Peltier examined Dalrymple's facial fractures.⁶² Peltier testified that Dalrymple was "sedated and intubated" and that, from Dalrymple's bedside, he "grabbed [Dalrymple's] nose and pushed it to where it would be hopefully pretty midline."⁶³ As to the other facial injuries, Peltier testified that "[t]he other fractures that he had, the frontal sinus fracture, the orbital fractures, appeared to be—they were broke, but they appeared like they would heal without any kind of long-term problems."⁶⁴ As a result, Peltier testified that "we just left them alone."⁶⁵

On January 17, 2017, Dr. Kinnett performed a second (but not final) surgery on Dalrymple's left wrist.⁶⁶ The medical records indicate that the "temporary Kirschner wires were removed" and that "an incision was made on the volar aspect of the wrist."⁶⁷ Next, "a plate [was] placed on the volar aspect of the distal radius,"⁶⁸ and the "plate was then fixed to the distal shaft . . . with corticalscrews."⁶⁹ Dalrymple remained under the care of the staff at North Oaks Hospital until his discharge on January 31, 2017.

2. Treatment and Injuries Apparent After Initial Admission to North Oaks Hospital

On January 31, 2017, Dalrymple was discharged to North Oaks Rehabilitation Hospital for inpatient care.⁷⁰ There, Dalrymple underwent "comprehensive therapies," which included physical therapy,⁷¹ occupational therapy,⁷² as well as speech therapy.⁷³ He continued to received narcotic pain medication.⁷⁴ While in the rehabilitation facility, Dalrymple required assistance with eating, drinking, dressing, using the restroom, and bathing.⁷⁵ On February 8, 2017, he reported to his healthcare providers that "[t]he pain is unbearable."⁷⁶ When he was discharged...