Ocasio v. Federal Express Corp.
162 N.H. 436
| N.H. | 2011Background
- Plaintiff Alfred Ocasio, USPS mail handler, was injured while pulling heavy air cans from a FedEx trailer.
- Air cans weigh 3,000–5,000 pounds; injury occurred due to a gap between the truck and loading dock.
- FECA benefits were paid to plaintiff totaling about $80,353; FECA provides exclusive remedy and potential liens on third-party recoveries.
- Plaintiff sued FedEx for negligence; USPS was immune and not named as a defendant.
- Jury verdict was $1,445,700 with fault percentages: plaintiff 6%, FedEx 4%, USPS 90%.
- Trial court entered judgment for FedEx under RSA 507:7-d/e, despite the verdict and the jury’s apportionment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether apportionment to an immune non-party is permissible | Ocasio contends DeBenedetto allows apportionment to immune USPS. | FedEx maintains DeBenedetto controls, apportionment to USPS is proper. | Yes; apportionment to USPS is permissible. |
| Whether FedEx’s liability should be aggregated with USPS under RSA 507:7-d | Aggregation should not occur because USPS is immune. | Aggregation must include all fault apportioned, including USPS. | Aggregation required; FedEx fault must be combined with USPS for purposes of 507:7-d. |
| What judgment should be entered against FedEx after aggregation | FedEx should be liable for damages corresponding to its 4% fault. | Recovery barred if plaintiff’s fault exceeded FedEx’s according to 507:7-d. | FedEx liable for 4% of total damages; plaintiff to recover $57,828 plus interest/costs. |
Key Cases Cited
- DeBenedetto v. CLD Consulting Eng’rs, 153 N.H. 793 (2006) (apportionment to immune non-parties permitted)
- Nilsson v. Bierman, 150 N.H. 393 (2003) (settling/non-settling tortfeasor apportionment; immune parties referenced)
- Allen v. Dover Co-Recreational Softball League, 148 N.H. 407 (2002) (policy on equitable allocation of fault)
- Rooney v. Fireman’s Fund Ins. Co., 138 N.H. 637 (1994) (workers’ compensation lien considerations)
- Lockheed Aircraft Corp. v. United States, 460 U.S. 190 (1983) (employer immunity in workers’ compensation context)
- Estate of Cargill v. City of Rochester, 119 N.H. 661 (1979) (remedies and constitutional considerations in tort/limitations)