Date: 08-07-2023

Case Style:

Troy Garber v. United States of America

Case Number: 4:20-cv-00314

Judge: Stephanie M. Rose

Court: United States District Court for the Southern District of Iowa (Polk County)

Plaintiff's Attorney: James Lawyer and Robert Conklin

Defendant's Attorney: Jason Ray Lawrence, Robert J. Scherle

Description: Des Moines, Iowa personal injury lawyer represented Plaintiff who sued Defendant on a Federal Tort Claims Act negligence theory.

"The Federal Tort Claims Act (FTCA) is a law that allows individuals to sue the federal government for torts committed by federal employees. A tort is a civil wrong that results in injury to another person. The FTCA waives the government's sovereign immunity, which is the legal principle that the government cannot be sued without its consent.

To be successful in an FTCA claim, the claimant must prove that:

The federal employee was acting within the scope of their employment when they committed the tort.
The federal employee was negligent or wrongful.
The negligence or wrongful act proximately caused the claimant's injury.

The FTCA does not cover all torts committed by federal employees. There are a number of exceptions, including:

Torts committed by federal employees acting in their discretion.
Torts committed by federal employees in a foreign country.
Torts committed by federal employees during wartime.

If you have been injured by the negligence of a federal employee, you may be able to file an FTCA claim. However, it is important to speak with an attorney to discuss your legal options. An attorney can help you determine if you have a case and can help you file your claim.

Here are some examples of FTCA claims:

A federal employee negligently drives a government car and hits a pedestrian.
A federal employee carelessly drops a heavy object on a bystander.
A federal employee fails to provide medical care to a prisoner and the prisoner dies as a result.

If you have been injured by the negligence of a federal employee, you should speak with an attorney to discuss your legal options."

Google Bard

Outcome: JUDGMENT in favor of Troy Garber against United States of America. Signed by Clerk John S. Courter on 8/7/2023. (btg) (Entered: 08/07/2023)

Plaintiff's Experts:

Defendant's Experts:

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