Thomas Hammond v. United State of America

Austin, Texas personal injury lawyer represented Plaintiff, who sued Defendant United States of America on a Federal Tort Claims Act premises liability theory.





From December 2018 through December 2019, Plaintiff Thomas Hammond was employed as a driver for Contracted Driver Services, Inc. ("CDS”). In July 2019, CDS contracted out Plaintiff's services to EVO Transportation and Energy Services, Inc. ("EVO Transportation”), a nationwide transportation provider for the United States Postal Service ("USPS”). Plaintiff alleges that on December 24, 2019, he was unloading mail at a USPS facility when "a defective loading ramp at

the Premises dropped onto his left foot, ” causing him serious personal injuries. Plaintiff's Original Complaint, Dkt. 1 ¶ 14.



On August 5, 2021, Plaintiff filed this negligence action under the Federal Torts Claim Act ("FTCA”) against the United States of America, the USPS, CDS, and EVO Transportation. Plaintiff's Original Complaint, Dkt. 1. On November 3, 2021, Plaintiff filed his First Amended Complaint, adding gross negligence and premises liability claims.[1] Subsequently, Plaintiff voluntarily dismissed Defendant CDS.



Defendant EVO Transportation has made no appearance and failed to plead, respond, or otherwise defend. On December 3, 2021, the Clerk entered a default judgment against EVO Transportation pursuant to Federal Rule of Civil Procedure 55(a). Dkt. 21.

Motion for default judgment denied.