Langhoff v. United States
805 F. Supp. 2d 272
E.D. La.2011Background
- FTCA action alleging a tort by a USPS employee arising from a collision in New Orleans, with plaintiff Langhoff claiming injuries and damages from Matthews’ left-turning maneuver.
- USPS truck (Matthews) was in front of Langhoff’s van on Chappelle Street; Matthews attempted a left u-turn at the intersection with General Diaz Street, blocking Langhoff.
- Langhoff honked; Matthews began turning left, resulting in a shallow-angle collision; Matthews was cited for improper turning and paid the ticket.
- Langhoff incurred property damage ($2,678.51) and medical treatment leading to a lumbar discectomy; Langhoff alleges ongoing pain and future damages.
- Court applied FTCA and Louisiana tort law; apportionment of fault among Matthews (85%) and Langhoff (15%).
- Court ordered total damages of $74,386.51, reduced by 15% Langhoff fault, with damages limited to medical expenses, general damages, property damage, and loss of consortium.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is Matthews liable under FTCA for the accident under Louisiana law? | Langhoff asserting fault by Matthews under Louisiana tort standards. | USDS contends proper application of FTCA and state-law tort standards. | Yes; US Government liable under FTCA applying Louisiana tort law. |
| What is the duty of care in a left-turn/u-turn scenario and who breached it? | Matthews breached duty by improper maneuver and not ensuring safety. | Matthews complied with signaling; Langhoff failed to exercise caution. | Matthews breached duty; her maneuver contributed to the collision. |
| What is the comparative fault percentage between Matthews and Langhoff? | N/A | N/A | Matthews 85%, Langhoff 15%. |
| What damages are recoverable for Langhoff and Langhoff loss of consortium? | Langhoff seeks medical expenses, pain and suffering, and loss of consortium. | Defendant challenges future medical and lost wages considerations. | Medical expenses $33,708; general damages $35,000; property $2,678.51; loss of consortium $3,000; no future medical or wage damages; total $74,386.51 before fault reduction. |
Key Cases Cited
- Cory v. Emp. Mut. Liab. Ins. Co., 267 So. 2d 761 (La. App. 2nd Cir. 1972) (left-turn safety duty and lookout requirements)
- Booth v. Aetna Cas. & Sur. Co., 220 So. 2d 188 (La. App. 1st Cir. 1969) (duty to exercise care when turning; safety considerations)
- Lang v. Cage, 554 So. 2d 1312 (La. App. 1st Cir. 1989) (duty of left-turning motorist to observe and yield to oncoming traffic)
- Gohres v. Dryer, 29 So. 3d 640 (La. App. 1st Cir. 2009) (duty to ensure turn can be made without danger to overtaking traffic)
- Lennard v. Champaign, 917 So. 2d 1134 (La. App. 2nd Cir. 2005) (duty of care during left-turn and lookout for safety)
- Maricle v. Liberty Mut. Ins. Co., 898 So.2d 565 (La. App. 3rd Cir. 2005) (citation alone does not establish fault; continuing duty to exercise reasonable care)