Elizabeth Gnile and Shannon Gnile v. United States of America
Published: May 8, 2020 | Result Date: Jun. 3, 2019 | Filing Date: Mar. 15, 2017 |Case number: 2:17-cv-00562-DB Settlement – $350,000
Court
USDC Eastern District of California
Attorneys
Plaintiff
Kevin L. Elder
(Penney & Associates)
Joseph E. Maloney
(Joseph E. Maloney, Attorney at Law)
Defendant
Philip A. Scarborough
(Office of the U.S. Attorney)
Gregory T. Broderick
(Office of the U.S. Attorney)
Facts
Shannon Gnile was in the passenger seat of a vehicle being operated by Elizabeth Gnile. The two were transporting horses in a towing trailer attached to their vehicle. Malcolm Palmore, an on-duty federal agent, was also on the road with Shannon and Elizabeth and the two vehicles collided, forcing the Gniles' truck off the road and totaling it and the trailer. Shannon and Elizabeth sued the United States for the collision.
Contentions
PLAINTIFFS' CONTENTIONS: Plaintiffs contended that Palmore caused the collision by attempting a risky lane change. Plaintiffs further contended that the collision caused plaintiffs to suffer severe, extensive physical injuries.
DEFENDANT'S CONTENTIONS: Defendant denied negligence on Palmore's part, claimed the accident was unavoidable, and contended plaintiffs' injuries were not as serious as they claimed.
Injuries
Shannon Gnile underwent surgery (C4-C5 & C5-C6 keyhole laminoforaminotomy) and extensive chiropractic and rehabilitation treatments for the physical injuries suffered as a result of the collision. Medical specials (along with the value of the totaled vehicles and veterinarian bills for the horses) totaled approximately $130,000.00. There was no wage loss claim. Shannon also endured physical pain and claimed emotional distress.
Result
The United States paid $350,000 in settlement.
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