Facts

On Aug. 8, 2008, at approximately 3 p.m., Phon Eliza Phommasaysy, a 39-year-old U.S. Postal Service employee, was delivering mail in the U.S. Postal Service truck. She got out of the truck to put mail in a centrally located row of community mailboxes in residential neighborhood in Hacienda Heights. She noticed that one of the homeowners left their key in their mailbox. With the intent of returning the key to the homeowner, Phommasaysy got back in the truck and put the truck in reverse and began driving backwards toward the homeowner's house. She then accidentally struck and killed Shui Fong Ma, 87, who was crossing the residential street behind the postal truck. There was no dispute that Phommasaysy was a U.S. Postal Service employee acting within the course and scope of her employment at the time of the incident.

Plaintiffs, the decedent's three adult grandchildren, asserted causes of action for negligence and negligence per se.

PLAINTIFF'S CONTENTIONS:
In terms of the negligence claim, Phommasaysy testified that it was against postal service policy for workers to drive in reverse on residential streets. As a result, plaintiffs contended that Phommasaysy was negligent for violating that policy. Plaintiff also contended that Phommasaysy negligently failed to use her mirrors before driving the vehicle in reverse on the residential street (which she disputed).

With regard to the negligence per se claim, plaintiffs argued that Phommasaysy violated section 22106 of the California Vehicle Code, which states, "No person shall start a vehicle, stopped, standing, or parked on a highway, nor shall any person back a vehicle on a highway until such movement can be made with reasonable safety." If true, negligence is established as a matter of law.

DEFENDANT'S CONTENTIONS:
The United States argued that the decedent shared a high degree of comparative fault for the accident because she was jaywalking across the street when struck. It also argued that it was negligent for the decedent to walk behind a vehicle that was traveling in reverse at a slow rate of speed. Finally, United States argued that the case had a reduced value because of the decedent's advanced age.

Result

The parties participated in a voluntary settlement conference with Federal Magistrate Judge Victor Kenton. During the proceeding, the United States of America agreed to pay $510,000 to settle the case.