Estevez v. United States

Estevez v. United States
72 F.Supp.2d 205 (S.D.N.Y. 1999).

Facts: Joseph Estevez, a two year old, was injured in a collision with a postal truck for which the defendant was responsible.

Procedure: Trial court judge found the postal driver negligent.

Issue: How much of which kind of damages should Joseph be awarded?

Holding: A lot- costs to date, loss of work-life expectancy (but not average income), and pretty much all medical costs for his lifespan besides a surgery that was never given a cost.

Reasoning: It varies on the evidence given- the judge is acting as a jury, so he is concerned with fact finding a little more than rules. He does state that he is entitled to future lost earnings (though argues with what they'd be), future pain and suffering, future medical expenses, pain and suffering up to trial, and medical expenses up to trial that weren't covered by insurance.