Escoto v. United States of America

Escoto v. United States of America

Plaintiff:	Dilcia Escoto
Defendant:	United States of America
Case Number:	2:2010cv02223
Filed:	May 14, 2010
Court:	US District Court for the Eastern District of New York
Office:	Central Islip Office
Presiding Judge:	Arthur D. Spatt
Nature of Suit:	Motor Vehicle
Cause of Action:	23 U.S.C. § 134 P.I.- Auto Negligence
Jury Demanded By:	Plaintiff

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Date Filed	Document Text
March 13, 2012	Filing 23 MEMORANDUM OF DECISION AND ORDER - Based on the reasons set forth in this opinion, the Court finds that the plaintiff Dilcia Escoto has established, by a preponderance of the evidence, that the negligence of the defendant, the United States of Americ a, by its authorized employee and driver, letter carrier Bonnie L. Gross, was the sole cause of the November 25, 2009 motor vehicle collision.Notwithstanding this finding of liability on the part of the defendant, the Court also finds that the defend ant has established, by a preponderance of the evidence, that the plaintiff Dilcia Escoto did not incur a serious injury under the provisions of the New York Insurance Law § 5102(d). Accordingly, it is hereby ordered that judgment is rendered in behalf of the defendant United States of America dismissing the complaint. It is further ordered that the Clerk of the Court close this case. Ordered by Senior Judge Arthur D. Spatt on 3/13/2012. (Coleman, Laurie)

Date Filed

Document Text

March 13, 2012

Filing 23 MEMORANDUM OF DECISION AND ORDER - Based on the reasons set forth in this opinion, the Court finds that the plaintiff Dilcia Escoto has established, by a preponderance of the evidence, that the negligence of the defendant, the United States of Americ a, by its authorized employee and driver, letter carrier Bonnie L. Gross, was the sole cause of the November 25, 2009 motor vehicle collision.Notwithstanding this finding of liability on the part of the defendant, the Court also finds that the defend ant has established, by a preponderance of the evidence, that the plaintiff Dilcia Escoto did not incur a serious injury under the provisions of the New York Insurance Law § 5102(d). Accordingly, it is hereby ordered that judgment is rendered in behalf of the defendant United States of America dismissing the complaint. It is further ordered that the Clerk of the Court close this case. Ordered by Senior Judge Arthur D. Spatt on 3/13/2012. (Coleman, Laurie)

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Plaintiff: Dilcia Escoto
Represented By:	Roger Acosta
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Defendant: United States of America
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